Today In History, 1982: USOC Blocks the Gay Olympics from Using the Word “Olympic”

Jim Burroway

August 9th, 2016

Two posters: One with the "Gay Olympic Games" title intact, and one with the word "Olympic" blacked out.

Two posters: One with the “Gay Olympic Games” title intact, and one with the word “Olympic” blacked out.

Dr. Tom Waddell got the idea for the Gay Olympics while running across a gay bowling tournament on television. He envisioned a quadrennial sports festival open to all, regardless of sex, sexual orientation, age, or skill level. He and a few friends formed the United States Gay Olympic Committee in 1980 and began making plans. Their first challenge would illustrate one of the key problems that would dog the committee for the next two years. They tried to incorporate as the Golden State Olympic Association, but the state of California said they couldn’t use the word “Olympic” in the name. They incorporated instead as San Francisco Arts and Athletics, Inc.

Waddell then sought permission from the United States Olympic Committee in 1981 to use the word “Olympic.” At about the same time, the USOC got wind of the group’s plans and sent a letter demanding that the group stop using the name. Waddell at first agreed to to the USOC’s demands, but changed his mind after attorneys from the ACLU told him the USOC was on shaky legal ground. He resumed calling the event the Gay Olympics, and even got San Francisco Mayor Dianne Feinstein to proclaim August 28 to September 5 the “Gay Olympics Games Week.” The USOC sued, claiming trademark infringement, and on August 9, a judge issued an injunctions prohibiting the San Francisco group from using the word “Olympic.”

Waddell was incredulous. Before a gathering of reporters, he listed the many other Olympics that didn’t raise the USOC’s ire: the Special Olympics, Wheelchair Olympics, Junior Olympics, Police Olympics, Armchair Olympics, Explorer Scout Olympics, Xerox Olympics, Rat Olympics, Armenian Olympic, and a Crab Cooking Olympics. “The bottom line is that if I’m a rat, a crab, a copying machine or an Armenian, I can have my own Olympics. If I’m gay, I can’t.” Others were similarly surprised. Sports Illustrated pointed out the irony that “the ancient Olympics, an all-male event in which participants competed in the nude, was staged by a society in which homosexuality flourished. ”

Athletes taking part in the 1982 Gay Games' swimming events.

Athletes taking part in the 1982 Gay Games’ swimming events.

The games opened officially as the Gay Games, but Congressman Phillip Burton and San Francisco Supervisor Doris Ward defined the court order during the opening ceremony and called the games the Gay Olympics. The games themselves were a success, with 1,300 athletes from 12 countries participating.

Meanwhile the lawsuit made its way through the court system. The Federal District Judge not only found for the USOC, but ordered the SFAA to pay the USOC’s court costs. When the SFAA came up short, the USOC placed a lien on Waddell’s House. The SFAA appealed, and the Ninth Circuit Court of Appeals upheld the lower court’s decision, ruling that the USOC’s trademark ownership trumped the Gay Games’ First Amendment rights to the word “Olympic.” The case finally made its way up to the U.S. Supreme Court, which on June 25, 1987, upheld the USOC’s trademark in a 7-2 decision, and ruled for the USOC on the SFAA’s Equal Protection claim in a 5-4 decision. Waddell died sixteen days later of AIDS. After he died, the USOC finally lifted its lien against his house.

Ben in oakland

August 9th, 2016

I was the first wrestling coach for the SF team in the first gay games. Unfortunately, I had to drop out, because I couldn’t make anyone understand that I also had a full time job that I needed to keep.

I really wanted to be a Part of it.

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