“Just think,” says Sir Lancelot, of his nuptials to a young man named Herbert in Monty Python’s Spamalot, “In a thousand years time, this will still be controversial.” The administration of the South Williamsport, Pennsylvania, Junior/Senior High School seems determined to prove the gallant knight prescient, as it has canceled a planned 2015 production of the musical due to its “homosexual themes.”
When the cancellation was first reported in early July, the reporting was based primarily on charges by the school’s drama director, Dawn Burch, who spoke of an email she said she had received from the school’s principal, Jesse Smith, requiring a change of show. On advice of counsel, Burch did not provide the email to the press.
Last week, as a result of a release of emails requested through Pennsylvania’s Right-to-Know law, it became clear that the musical’s gay content was, in fact, singularly and explicitly the reason for its cancellation. In a June 27 e-mail from Smith to Burch, he wrote:
I am not comfortable with Spamalot and its homosexual themes for two main reasons:
1. Drama productions are supposed to be community events. They are supposed to be performances that families can attend. To me, this kind of material makes it very hard for this to take place. I don’t want families to be afraid of bringing small kids because of the content. I don’t want members of the community staying home because they feel the material is too risqué or controversial.
2. I think that choosing productions with this type of material or productions that may be deemed controversial put students in a tough spot. I don’t want students to have to choose between their own personal beliefs and whether or not to take part in a production.
When Burch appealed to the superintendent on June 30, he replied, in the only readable portions of a heavily redacted email:
[School Principal] Jesse [Smith] has given the drama program considerable time and attention this year. He has thoroughly explained his reasons regarding show selections to you and discussed them with me as well. His decision is sound.
As for Stamm’s assertion that the musical was never approved for production, the released documents include a $1,935 check from May 12, 2014, payable to Theatrical Rights Worldwide, the licensor of Spamalot, signed by Smith, as well as a check request and contract dated a week earlier, signed by Burch, for the rights to the play. While the check doesn’t specify that it is for Spamalot, it is unlikely that Smith would have assumed the check was payment in arrears for the school’s spring musical presented in March, as standard show licensing practice is for advance payment.
Following the release of the internal communications by the school in mailings dated Aug. 18, the contents were disclosed by the two parties that had filed a request for them: progressive advocacy organization Keystone Progress (via press release, including links to the complete document set) and me (via blog post) on Aug. 21. This yielded a half-dozen national news stories, but to date, no local or regional press outlet in central Pennsylvania has reported on the new disclosures, leaving the administration’s obfuscations intact. [Update, Aug. 26: The Williamsport Sun-Gazette informs me it is working on a story on the topic.] Stamm and Smith have not responded to my requests for comment, and Burch, when reached, declined to comment further.
Prior to the release of the materials, the school administration announced at an Aug. 4 board of education meeting that a “public performance policy” had been put in place. It says, in part:
Material that is generally considered offensive, suggestive, or demeaning based on race, religion, age, gender, or sexual orientation is not appropriate for school performances.
What the policy did not say is that material supporting inclusive representations of race, religion, age, gender, or sexual orientation would be encouraged. Currently in Pennsylvania, marriage equality is the law, however there is no equal rights protection for sexual orientation.
Students return to school in South Williamsport today with the false impression that their drama director provoked an unfounded controversy. What they don’t know is that their principal and superintendent assert that LGBTQ life is unsuitable for families to see, that their parents might be “afraid” of “small kids” seeing gay relationships even in a broadly comic setting, and that there are concerns about attendance at such a show because the material is “risqué.” The students also don’t know that their principal believes that LGBTQ representation might force some of them to make decisions about their personal beliefs, which is presumably part of education and maturation. There are important lessons still to be taught in South Williamsport, but only if the school administration and the community learn them first.
To see this article as it appeared on Slate, click here
On July 2, I wrote about a situation at South Williamsport, Pennsylvania’s Jr/Sr High School, where a production of Monty Python’s Spamalot, slated for 2015, was canceled, reportedly due to its gay content. A number of news items and opinion pieces were written about the cancelation, with particular attention paid to a statement that homosexuality doesn’t exist in the community. However, the television station which first reported the story subsequently repudiated that portion of its report, saying the statement had not been made. They stood by the rest of their account, which relied primarily on an interview with Dawn Burch, the school’s drama director.
So, nearly two weeks later, where do things stand?
As originally reported, Burch asserted that the principal’s cancelation was attributable to gay content in Spamalot, which he communicated to her in an e-mail. Burch sought legal counsel regarding her right to release that communication, and she has yet to share it, presumably on the advice of counsel. So the reported smoking gun that could prove or disprove anti-gay bias on the part of the South Williamsport district and/or the school administration has not been revealed.
However, the state of Pennsylvania has very clear “right to know” laws, available to both state residents and non-residents alike. Consequently, this morning, I filed a request for all documents and communications regarding the musical, in particular any communications between Burch, superintendent Dr. Mark Stamm, principal Jesse Smith and the licensing house Theatrical Rights Worldwide. According to Pennsylvania law, upon receiving a request, an agency has five days in which to either accede to or deny a request, with subsequent appeals processes.
As I was filing, I learned from a press report that another entity had filed the same type of request on July 10. While the source of the request was not identified, based upon their submission date, they should get an answer by tomorrow or at the latest Thursday, depending upon when exactly they submitted it. Without knowing who requested the material, it’s impossible to know whether they will make the response, successful or not, public. But at this point, I’m in the secondary position for an answer.
In the meantime, Equality Central PA had held a conference of support for gay rights on July 3 in Williamsport, which was attended by superintendent Stamm and school board president John Engel, as well as Dawn Burch. The event was by all accounts a positive one. But additional news reports included statements which suggested that Spamalot was only one play under consideration and had not in fact been selected and approved. Yet the superintendent said the play was canceled to avoid controversy, without specifying what he found to be controversial. While officials can’t even agree on whether the play was ever approved or was in fact canceled, the lack of approval claim is in direct contradiction of the statement I received from licensor Theatrical Rights Worldwide, that made clear that a license had been granted, which surely required both a contract and an advance payment (I don’t imagine any school enters into contracts for multiple shows while they wait to make a final decision). While Burch may have signed the agreement, surely someone from the district with authority signed the deposit check; it will be interesting to learn who approved that payment.
Last night, at a school board meeting in South Williamsport, the receipt of the first Right To Know request was acknowledged. However it appears the only public comment beyond that was that it had been referred to “the district’s solicitor.” As expected, they’ve lawyered up. For the record, my attorney received my e-mailed records request concurrently with the school district.
FYI: here’s an interesting tidbit. Under Pennsylvania’s Open Records Policy, every state and local agency must appoint an Open Records Officer. For the South Williamsport School district, that officer is Superintendent Stamm, not an outsider, ombudsman or impartial arbiter. I can’t help but suspect the documents won’t be quickly forthcoming.
And so, we wait, either for Dawn Burch to be assured that by releasing the e-mail she will not be putting herself at professional or personal risk or liability, or for the school system to release the e-mail, voluntarily or compelled to do so by law, the content of which they have not explicitly denied.
To be continued.
Addendum, July 19, 2014: When I got home last evening, I had mail from the South Williamsport Area School District, dated and postmarked on July 16. It acknowledged receipt of my request for records under the Right-to-Know Law and said that the request was under review. However, it was most specifically a “Notice of extension for time to respond to request,” citing the following reasons: 1) “Your request for access may require redaction of public records,” and 2) “A legal review is necessary to determine whether the requested record is a public record subject to access under the law.” The letter further states that, “The School District expects to provide a response to you on or before Monday, August 21, 2014. If the school district fails to provide you with a final decision within that time period, your written request is deemed denied.” It is signed, “Dr. Mark Stamm, Superintendent and Open Records Officer.”
And so, in accordance with the applicable Pennsylvania law, I must wait. If the request is denied, I have the right of appeal, at which point the Pennsylvania Office of Open Records becomes involved. As I wrote previously, I doubted I’d get an immediate, affirmative response to my request, so while this is frustrating, it is not surprising. I suspect that many people don’t have the patience to see freedom of information and open records requests through to the end. However, I am not one of those people.
Addendum, July 31, 2014: Equality Central PA has issued an update regarding their press conference from July 3 and their written offer to work collaboratively with the South Williamsport Area School District “in order to foster a more inclusive environment for all students.” The update states, in part: “Dr. Stamm responded to the letter promptly, and Equality Central PA is now in discussions on how this new partnership will move forward together. As next steps are determined, details and updates will continued to be shared.” The update concludes with a note, stating, “It has been made known that two separate organizations have filed “Right-To-Know requests relating to the e-mails from Principal Smith to drama director Dawn Burch. Equality Central PA is not involved in those inquiries, but will share whatever information becomes available.”
