Behind Closed Doors? The Drag-Queen ‘Culture Wars’ Come to a La Quinta Neighborhood—and Bring up Questions About Transparency

On April 10, the Trilogy at La Quinta homeowners’ association announced a bingo evening, scheduled for May 18, to be hosted by local drag queen Rusty Waters.

Two days later, the HOA took it back.

In the April 12 message to residents, the Trilogy at La Quinta Maintenance Association board said unspecified “concerns” had been “voiced by some members of our community regarding Mr. Waters,” causing the event to be “modified.”

“This diversity and inclusion extends to the type of entertainment that may be offered to our residents,” the message said. “As a result, we will look to reschedule Mr. Waters to a later date at the start of next season in fall 2023. We hope to have a full house for that event, and expect that all attendees will act with both respect and civility towards the entertainer, staff and the Activities Committee volunteers putting on the show. … Thank you to everyone who contacted management and the board of directors over the last 24 hours. Your collective voices were heard.”

The fact that the message said Waters’ performance would be rescheduled failed to satisfy Trilogy resident Cathy Smithweiss. She said she was unhappy the decision to cancel the original event and reschedule was made behind closed doors, instead of the board following proper protocol.

“Some residents objected to the bingo event because they thought it was upsetting, offensive and controversial,” she said.

Smithweiss asked the American Civil Liberties Union for help, signing a retainer agreement on June 29.

“I don’t want money,” Smithweiss said. “I want to make sure in the future, the board will follow the proper process when making decisions, not (make them) behind closed doors.”

According to Jonathan Markovitz, an attorney with the ACLU of Southern California, the California Open Meeting Act prohibits association boards from making decisions without holding a residents’ meeting. He wrote a letter to the board on Smithweiss’ behalf requesting a commitment to avoid similar open-meeting violations in the future.

“The bottom line is that the public has the right to participate in how their lives are structured,” he said. “Homeowner associations play a major role in structuring many people’s lives around the state, and have legal obligations of transparency and openness, and are accountable to their members.”

Representatives of the Trilogy at La Quinta Maintenance Association board declined to speak to the Independent. However, a local PR firm sent the Independent the board attorney’s response to Markovitz’s letter. In the response, dated July 6, Wayne Guralnick wrote that the board fully followed state law. He said the board did not discuss the event, nor did it make a decision to cancel the event, but supported management’s decision to reschedule.

Markovitz said it was unfortunate that the Trilogy board has “doubled down” on a resistance to transparency.

“The board’s actions deprived association members of the opportunity to engage the board in a matter of pressing interest to association members and the broader community at a time when drag performers and the LGBTQ+ community are facing threats across the country,” he said.

Nadine Buxton, the owner and founder of HOA Consult Services, is an expert on HOA matters.

“Open meetings and transparency should be used by an association board as much as possible,” Buxton told the Independent. “Homeowners also need to become familiar with their association’s governing documents and California civil code. Situations like this can have the potential to turn a peaceful community into a battlefield. They can also become a valuable growth and learning opportunity for the homeowners’ association and its members.”

Rusty Waters responded to a request for comment with: “Not interested. No thank you.”

Another local drag performer, Rosemary Galore, said what happened at Trilogy “is a little ridiculous.”

“A drag queen hosting a bingo event is not going to hurt anyone; it’s not life changing,” Galore said. “My job brings me joy and happiness, and I get to bring it to other people—a gift to others.”

Meanwhile, Trilogy at La Quinta again has events with drag performers on its schedule, including “A Dragtastic Evening,” featuring five performers including host Sabryna Williams, slated for July 28.