Dec 5
Not So Fun at the 'YMCA' – Victor Willis Plans on Suing Those Calling Song a 'Gay Anthem'
READ TIME: 8 MIN.
The Village People's lead singer Victor Willis doubled down on associating the group's 1978 hit "YMCA" with the queer lifestyle by planning to take those who do so to court, and telling them to "get their minds out of the gutter".
In a statement on Facebook, an irate Willis writes "Come January 2025, my wife will start suing each and every news organisation that falsely refers to YMCA, either in their headlines or alluded to in the base of the story, that YMCA is somehow a gay anthem because such notion is based solely on the song's lyrics alluding to elicit [sic] activity for which it does not."
The song has appeared to become "a gay anthem" over the years. "On the surface, it celebrates the merits of the Young Men's Christian Association, an august organization which had provided accommodation and recreational facilities since the 19th century," wrote the Financial Times earlier this year. "Given the cultural milieu that the song entered, though – that of disco and gay nightlife – it's been widely interpreted as a gay anthem. This is no great stretch for a song encouraging 'young men' to 'find many ways to have a good time'".
The Financial Times continued, citing Willis's role: "Willis claimed in 2017 that 'it was not written to be a gay song because of the simple fact I'm not gay,' but he has 'no qualms' that it's been adopted in this way. Given the band's overwhelming success within gay communities, however, they have attracted criticism for rejecting the song's homoerotic overtones. 'In order to get themselves on kids' lunch boxes, [the Village People] went along with the sexlessness that seems a precondition of gay male representation in pop culture,' writes professor Alice Echols in 'Hot Stuff: Disco and the Remaking of American Culture.' Nevertheless, the band became disco icons and have been credited with helping integrate gay culture into the mainstream."
Watch the video to "YMCA" by the Village People.
According to legal experts contacted by Billboard Magazine, Willis's law suit would likely go nowhere.
"Mr. Willis' threatened libel claim would be a nonstarter for numerous reasons," says Adam I. Rich, a music and free speech attorney at the law firm Davis Wright Tremaine.
"A court would almost certainly find that the label 'gay anthem' is nonactionable opinion, squarely protected by the First Amendment," says Rich, the media lawyer. "And regardless of what Mr. Willis now claims to have meant when he wrote it, he would bear the burden of proving that the song isn't a gay anthem – that is about as likely as a young man not having a fun time at the YMCA."
His opinion was seconded by another lawyer Billboard contacted, Dori Hanswirth, a First Amendment attorney at the law firm Arnold & Porter, who cited the Village People's "iconic status in the gay community" and the appearance of "a gay landmark in the music video" as reason enough to dismiss the suit.
"Calling 'Y.M.C.A.' a gay anthem is an opinion," Hanswirth says. "To the extent the reference is considered a factual statement rather than an opinion, it is probably true. And truth is a complete defense to any defamation claim."
"'YMCA' appeared on Village People's third album, 'Cruisin''. It was an international smash hit, getting to No 1 in 17 countries on its release in October 1978. A much-loved staple at sports events, wedding receptions and student discos, it has sold 12m copies. In 2020 it was preserved for posterity by the National Recording Registry of the US Library of Congress as 'culturally, historically or aesthetically significant', and inducted into the Grammy Hall of Fame," reports the Guardian.
2020 was the year that Presidential candidate Donald Trump chose the song for his unofficial campaign rally song. This year, he showed his dance moves when the song played.
Today Willis claims that when we wrote the song queerest reference, the line "You can hang out with all the boys" is a reference to "1970s Black slang for Black guys hanging out together for sports, gambling or whatever. There's nothing gay about that."
But even in 1979, the Washington Post wrote at the time, the queer implications of the lyrics led to concern by some.
"Unfortunately, some people wondered about the lurking homosexual undertones of the lyrics," the newspaper noted. Among them were the organization for whom the songs acronym refers: The Young Men's Christian Association, who were concerned about copyright infringement of their name. "While claiming to be unconcerned with such implications, assistant general counsel to the National Board of the Bob Jenkins brought up the issue of registered trademarks. 'The only concern we have with the record,' Jenkins said, 'is that it may be an infringement of the copyright "Y.M.C.A.," which is registered with the U.S. Patent Office.' He went on to say that he had been 'in contact with Casablanca [Records] on this matter.'"
