Sex In Schuylkill Park This Isn't Another Case Of Homophobia

It's unfortunate that the confrontation between gay activists and neighborhood residents over late-night use of Center City's Schuylkill Park is taking place at a time when many gays fear a growing intolerance of their sexual preference.

The closeness in timing notwithstanding, the recent police crackdown in the park has nothing to do with Pat Buchanan-inspired homophobia in the wake of the Republican convention, or even with Pennsylvania Attorney General Ernie Preate's efforts to close several raunchy, gay bookstores in Philadelphia. It's actually just the latest chapter in a long-simmering neighborhood conflict - one that the city should try to resolve once and for all.

This pretty urban park at the western edge of the city's Fitler Square neighborhood is used by all manner of people - young and old, black and white, gay and straight - in a general spirit of tolerance and goodwill. Where things get dicey is after midnight, when the park, known in the gay community as Judy Garland Park, becomes a haven for gay men in search of companionship.

Neighbors complain about noise, about cars cruising along 25th Street and about sexual activity al fresco. In the morning, the early dog walkers come across discarded condoms and crack vials. (The children's sandbox was eliminated because it was used at night as a trysting place.)

"It's not a gay issue," says Pat Harner, who is active in the local Town Watch. "It's an issue of inappropriate behavior." Kevin Vaughan, the executive director of the city's Human Relations Commission, who is seeking to mediate the dispute, says bluntly: "Contrary to some of the claims, there is no constitutional right to have sex in the park."

In response to renewed neighborhood complaints about noise and lewd behavior, the police arrested 19 men Aug. 23 for violating the 1 a.m. curfew in city parks. Coming on top of Mr. Preate's crackdown on sex shops, this prompted a demonstration Saturday night by 350 gays and lesbians.

In hindsight, the police response was unnecessarily provocative. To suddenly start enforcing a rarely enforced curfew was almost certain to cause a furor and contribute to the suspicion that gays are being singled out. But the police action and the subsequent protest have at least forced the issue to the fore. The Human Relations Commission has scheduled a community meeting Sept. 10 to thrash it out. It may well turn out that enforcing the 1 a.m. curfew - with due warning to all concerned - is part of the answer.

It's worth noting that gay residents of the neighborhood that borders the park generally have little sympathy for this after-hours activity. Which suggests that standing up for gay rights doesn't have to include defending indefensible behavior.