San Jose Police Face Class-Action Lawsuit Over Gay Sex Stings

Discussion in 'LGBT News and Events' started by OckyDub, Aug 9, 2016.

  1. OckyDub

    OckyDub is a Verified MemberOckyDub I gave the Loc'ness monstah about $3.50
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    San Jose police are facing a class-action lawsuit for allegedly singling out gay men in sex stings at a public restroom.

    The Police Department cited dozens of men at Columbus Park in 2014 and 2015, charging them under Section 647(d) of the California penal code, which prohibits loitering in or around a public restroom for the purpose of engaging in a lewd or lascivious act.

    [​IMG]
    But famed gay civil rights attorney Bruce Nickerson says the arrests are invalid because the state Supreme Court ruled in 1979 that lewd conduct is only a crime if it’s performed with the intent to offend. The Police Department has been using undercover officers to “honey-trap” the men, which Nickerson says generates the “reasonable belief that the decoy is interested and not likely to be offended.”

    Nickerson also says police haven’t used decoys to arrest anyone for male-female sexual encounters, meaning the arrests violate the 14th Amendment’s guarantee of equal protection.

    “It is the gay equivalent of stopping Jim Crow laws,
    ” he told KPIX-TV.

    San Jose Inside has more on Nickerson’s history of winning similar cases, as well as additional detail on the nature of the stings.

    “A lot of gay rights attorneys turn up their noses at what I do,” Nickerson said. “But there’s a reason I do these kinds of cases. Because worse than being fired because you’re gay is to be arrested for being gay. The most fundamental right is to be free of imprisonment.”

    Watch KPIX’s report below.
     
  2. OckyDub

    OckyDub is a Verified MemberOckyDub I gave the Loc'ness monstah about $3.50
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    I hope he wins!
     
  3. Tyroc

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    I want to see what these undercover "trade" Officer's look like

     
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  4. ColumbusGuy

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    This stuff really pisses me off. This stuff goes on all over the country, and they seek out gays to persecute. They do these stings and all in deserted parks where nobody else goes, and have the 'but nobody wants to have people having sex in parks!!!' ...but after every OSU home game there would be way more than one drunk couple having sex in nearby parks, etc.- but that was never taken seriously, because they were students and straight and all. smh.

    *and no I am not an advocate for sex in public or in public parks but enforce the laws fairly! They don't have hot female cops trying to entrap straight men in parks for this kind of thing. Plus if someone comes onto you and you don't want the attention, just say no!
     
  5. Tyroc

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    I am! Big fan of sex in parks!
    Done it with my ex and as a single dude in the past, not during daylight hours or in parts where kids could wander into but I've done it.
    Seen lots of straight and gay coupling in many parks, over the course of many years and I think like I said if it's out of the greater public sight, it's a lot of fuss over nothing. Pure victimless crime.
    @alton and I have done it in some of the same spots but at different times, with different partners in our pasts LoL
     
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  6. ColumbusGuy

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    I agree when it is done in isolated parks where nobody is around it is usually much ado about nothing. It was just never my thing, and I knew someone who was killed in Franklin Park in Columbus who was out looking for sex, so it always seemed a bit dangerous to me as well. But sometimes it happens in parks near homes and people complain or it happens around busy restrooms during softball season and people get upset about it-and I can understand that. If I am at a park I don't want to see anyone having sex- don't care who or what they are-I am not there to run into that.

    When they did have the 'stings' there would always be some of the usual suspects around here- some religious person(preacher, minister, seminary student, etc) some kind of educator, someone involved in some anti-gay organization in some way-basic closet cases. Even law enforcement itself would get caught lol.

    As long as it is away from people and off in the dark areas at (especially at night) I really don't care.
     
  7. alton

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    LMAO Yea, I'm no stranger to Park Cruising. I'm completely over it now but when I first discovered dudes messed around in parks.....forget bout it! LOL

    And yes, they do unfairly target gay guys, in any city. Straight people do whatever they fuck they want and as long as there's no kids around it's fair game. smh.
     
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  8. OckyDub

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    Exactly
     
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