The group was incorporated by Hal Weiner, Esq., of Coles & Weiner, a two-person firm, after Weiner defended Sylvia Rivera in a criminal court proceeding where she had been arrested in Times Square while obtaining signatures on a petition for the first proposed LGBTQ legislation in the New York City Council, Intro 475, and charged with soliciting for the purpose of sex, rather than exercising a civil right to petition. The corporate certificate was rejected by the New York State Division of Corporations and State Records, on the grounds that the name was not a fit name for a New York corporation because of the connotation in which the word "gay" was being used, and that the corporation was being formed to violate the sodomy laws of New York. It took five years to win the right to incorporate under that name.