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Compiled By GayToday From Triangle Foundation Reports
The following information was released at a news conference presented by
the Triangle Foundation on Wednesday 3 February 1999. At that time, "Bag a
Fag," a report of police misconduct and entrapment activities, targeted at
gay men in Michigan, was made public and available.
First, Jeffrey Montgomery, Executive Director of the Triangle Foundation tells about the importance of this 'Bag a Fag' report then followed by Triangle Foundation Attorney Rudy Serra's summary of the report. Jeffrey Montgomery: "Police abuse and misconduct focused on gay men continues to be a growing problem throughout the United States. From California to Florida, Texas to New England, law enforcement agencies have apparently declared "open season" on gay men and men seeking sex with men. The entrapment bust of singer George Michael last year in Los Angeles helped to bring this practice into public limelight, even as thousands of men are arrested, charged and convicted by police and the courts for actions that are not illegal, as result of police activity that is.
"But we have not been able to put a stop to the practices by police. "BAG A FAG, this report on police misconduct, entrapment and other police-initiated crimes against gay men in Michigan, is the latest initiative taken by Triangle to stop the entrapers and help fight the rising lawlessness of police forces. "Prepared by attorney Rudy Serra, who has consistently represented hundreds of police abuse victims, BAG A FAG helps to clarify the case against the police-state mentality. This report is the result of hours of research and intervention on behalf of scores of victims. It provides the blueprint for legal action against the practices of heavy-handed police and their Draconian methods. BAG A FAG also makes the case against a public panic over the issues of men who seek others for sex in public places, sexual speech, and other normal sexual activities of consenting adults. "BAG A FAG is a provocative document of police excess, malevolence and homophobia. It illustrates the dangers of what happens when cops "play gay" and act out their own frustrated sexual fantasies, with unsuspecting, innocent gay men paying the price for the serious game. The price is too high. "Police activity similar to that addressed in BAG A FAG takes place across the country. This report should encourage activists and reformers ---along with responsible law enforcement professionals--- to closely examine police abuse and help identify anti-gay motivation in the choices and decisions made by cops. "Most important, we hope that this report encourages more victims of police abuse to come forward, those facing false or fabricated charges to fight them, and those concerned with equal justice to join in the effort to stop the abuse of the badge. Without their courage, they and all of us will be victims forever." "Bag a Fag" Operations in Michigan Police Misconduct, Entrapment and Crimes Against Gay Men Executive Summary By Rudy Serra Rudy Serra is an Attorney, Social Worker, Commissioner Detroit Department of Human Rights, Board Member Triangle Foundation, Member Open Justice Commission State Bar of Michigan
A clear ongoing pattern of activity is evident. Law enforcement agencies throughout the state determine where gay men go to find competent, consenting, noncommercial, private adult sex partners. Even if no one has complained, they then send in undercover officers. Establishments that clearly cater to sexual interests (such as adult theaters) are included as targets. Undercover police "vice" operations are not new, but they are obsolete. They represent a gross misallocation of tax resources, and no longer reflect "community morals." Most Americans believe it is immoral to target gay men, and that they should be left alone. The current crusade exploits archaic misdemeanor laws that forbid "lewd" or "immoral" activity or "disorderly conduct." Officers are invited to apply their own personal, subjective moral opinions in determining whether a criminal act (sin) has occurred. Since the charges are "only" misdemeanors, defendants are not entitled to all the usual procedural safe-guards, such as appointed counsel. Large numbers of defendants simply plead guilty. Eventually, such pleas can result in lifelong registration as a "sex offender." In one undercover operation, the Detroit Police sent several decoy cops inside a known Gay "leather" bar over two nights, in order to ensnare one misdemeanor defendant for disorderly conduct. "A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (a) engages in fighting or threatening or in violent or tumultuous behavior, or (b) makes unreasonable noise or offensively course utterance, gesture or display, or addresses abusive language to any person present; or (c) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor." A willing participant in this environment (even a police officer) cannot claim that their pursuits were shockingly interrupted by the conduct they were mutually committing, and which they paid a cover charge to participate in. This episode is stark and irrefutable proof that openly gay people and businesses are improperly and affirmatively selected for "special" attention by the police in order to stigmatize, victimize and abuse them for being gay. Such selectivity is a constitutional violation. "If the solicitation statute is discriminatorily enforced against gays, e.g., by police officers frequenting gay bars to make arrests without commensurate efforts at heterosexual bars, the selective enforcement may be subject to attack on equal protection grounds. See Yick Wo v Hopkins, 118 US 356, 373-374; 6 S Ct 1064, 30 L Ed 220 (1886)." Prosecution & defense of Sex Crimes, Ch. 7, Sec. 7.05. During the Summer of 1997, Defendants were arrested in a public rest room located at Boulan Park in the City of Troy. In both Troy cases, police reports asserted that plainclothes officers were at the park "on complaint of indecent activity between males at the park." In response to this claim, a Freedom of Information Act request was made. In reply, the police produced four complaints. Two of the four so-called "complaints" were the result of the entrapment of Defendants 1 and 2.
The third alleged
"complaint" involved another Defendant who was entrapped at the rest room
but apparently pled guilty. The fourth report involved a male "flasher"
who exposed himself "in the bushes" to a passing female.
If citizen complaints really motivated the Troy police, they would be using undercover females to detect heterosexual "flashers." They do not do so because of the conscious choice to target gay males. Doing so involves a greater stigma, more embarrassment, and more likelihood of being able to intimidate a "guilty plea" out of the defendant. Four officers, each earning $46,364.00 per year, were employed for an unknown number of hours in each Troy entrapment. In their reply to the FOIA request, the Troy Police Department wrote that "this department does not require 'justification' to enforce ordinances and statutes within its jurisdiction." The department also claimed it had anonymous complaints of which "no record was maintained." In an operation such as the one in Troy, it is troubling that no video or other recording was used. The Defendant had a reasonable expectation of at least some amount of privacy in the locked stall of his toilet. See People v Austin, Ingham Cir. Ct. Docket No. 86-57441-AR where the court observed that "people are entitled to expect such privacy as the design of the public facility may afford." The police knew in advance that some cases might come-down to their word against that of the Defendant using a toilet. Why would a municipality invest the time of four officers, over days of under-cover operations, and not be prepared enough to view and record the conduct which they claim is illegal? Certainly, the police will avoid documentation if the conduct for which men are being arrested is innocent or innocuous. In both Troy cases, the Pre-sentence report demonstrated a remarkable pre-conceived certainty that each Defendant had engaged in this conduct before (a very explicit presumption of guilt). Defendant 2's report said "It is more than likely that the Defendant has engaged in some sort of this type of behavior prior to his arrest." The pre-sentence report recommended requiring "mental health counseling" and "no consumption of any alcohol or drugs with random testing." These abusive recommendations were made even though neither Defendant used alcohol or drugs. Jeff Clague (Defendant 3) was an insurance executive who attended a gay "adult theater" that was raided. After being sent home, Clague drove to the precinct to lodge a complaint against an officer. The same officer came to the precinct desk and then arrested Clague, charging him with "lewd and obscene behavior, to wit, watching." A police disciplinary board sanctioned the officer, and Clague sued the city for civil rights violations. In another recent case (Defendant 4), an openly gay man was cited for "indecent exposure" while wearing a "thong" bathing suit and sunbathing seated on a blanket in a public park. An officer first ordered the tanner to stand, then he denied the defendant the opportunity to more fully clothe himself before doing so. Then, a charge of indecent exposure was lodged. In another case (Defendant 5, one of dozens of Summer '98 "busts" at an I-275 rest area near Belleville) a man was given a ticket for "loitering" when he fell asleep in his car at the rest area. In yet another 275 rest area charge, a man (Defendant 6) claims he was innocently using a toilet when another man attempted unsuccessfully to open the stall door. Both were arrested. The police have claimed that surveillance tapes were used, and these were demanded, but never produced. The police and sheriff's departments in southeastern Michigan are increasingly exploiting forfeiture and nuisance laws causing inconvenience, deprivation of property and vexation. It is not an exaggeration to complain that undercover officers deliberately misrepresent themselves as interested adult gay men in order to accomplish entrapment. ruising, they engage in behavioral gestures which immediately identify themselves to each other. The Triangle Foundation posits that private, non-commercial sexual acts between two competent, consenting adults, regardless of their gender, does not constitute a 'lewd or immoral act.' Oral sex in private between competent consenting adults is not a crime in Michigan. Furthermore, it is a clear denial of recognized rights to privacy, freedom of association, freedom of speech and other rights to target, prosecute, persecute, impound, cite, jail, drug-test and otherwise burden openly gay men for acknowledging their sexual interest in other men. Selectively targeting gay men is a violation of accepted human, civil and constitutional rights. 18 USC 242: "Whoever, under color of any law or custom, willfully subjects any inhabitant of any State, to the deprivation of any rights, privileges or immunities secured by the Constitution or laws of the United States...shall be fined or imprisoned." For copies of the complete report, please contact the Triangle Foundation at (313) 537-3323 |
