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Rest Area Cruiser Sues Massachusetts Police

Seeks Access to Public Facilities Now Denied

Promises to Take Men Home—No Public Sex!

Compiled By GayToday

restarea.jpg - 4.25 K Boston, Massachusetts—A state mental health coordinator from Cape Cod who has been identified only as John Doe is suing the Massachusetts State Police for access to local rest areas.

An attorney for the police calls the suit "ridiculous".

Doe's attorneys have requested that a judge stop troopers from harassing him when he goes cruising for sexual partners on Route 6 in Sandwich and I-195 in Wareham. He complains that Trooper Shawn Walsh has threatened and intimidated him, disallowing his entry into the aforementioned rest areas.

It is not a crime, contends John Doe, to go to public sites and to meet men whom he thereafter invites to his home for either social or sexual intentions.

Doe's lawyer, Mary Bonauto, explained to a Middlesex Superior Court judge that "Mr. Doe seeks a court order to enjoin Walsh ... from continuing to roust him from public space when they have no reason to believe he committed a crime or is about to commit a crime.".

Bonauto, who handles cases for Gay and Lesbian Advocates & Defenders in Boston, said "This is not a case about any kind of conduct. The only conduct at issue is my client was sitting in a car, talking on his telephone and walking to his car. He should not have been ejected from any public space for that reason."

In February, 1998, Doe was convicted in the Wareham District Court of misdemeanor lewd and lascivious behavior upon being apprehended by zealous police for having sex with a man in the woods. Fined $125, he was placed on a year's probation.

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Doe has promised never again to have sex in any locale deemed semi-public or public, but demands access rights to public facilities which Trooper Walsh currently denies him. His attorney explains that citizens may use rest areas as long as they break no laws. She adds: "We're trying to work out how to educate state police personnel about the law."

Judge Wendie Gershengorn, without explanation, prevented reporters from entering her court during a preliminary hearing of the case. A second hearing to discuss a possible settlement of the lawsuit has been scheduled for September 28.

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