Last edited: May 31, 2004

 

Charges Dropped Against Gay Man

Triangle Advocates for Falsely Charged Client in Detroit Gay Bar

Triangle Foundation, May 24, 2004 Sean Kosofsky 313-537-3323 x 105

Detroit—Charges have been dismissed against a Detroit area man who was being prosecuted merely for tipping a dancer at a gay club.

On January 15, 2004 Joshua Moore was having a drink with a friend of his that happened to be a dancer at Off Broadway East, a gay club on Detroit’s east side. When his friend approached him, Moore gave the dancer a hug and gave him a dollar. Approximately 20 minutes later he was being ticketed for “sexual simulation on a licensed premises.” According to Moore, the dancer was fully clothed and had not even started dancing. Others were ticketed as well including a gay couple dancing on the dance floor.

“I was shocked,” said Moore. “I contacted Triangle Foundation, they referred me to an attorney, John Allen. John Allen was a terrific attorney to have on my side! It was a very scary experience because as a law student I could lose everything if I am convicted of a crime. This experience has helped me understand how innocent people can be falsely accused. Triangle Foundation was there for me when I needed them. They trusted me and put me in touch with legal counsel who believed I was innocent.”

“Our community is still fighting police misconduct, even 35 years after Stonewall,” said Sean Kosofsky, Director of Policy for Triangle Foundation. “It can be the scariest thing in the world to be charged with a crime, and Triangle works to make sure everyone is fairly represented in court. It is not uncommon for police to not show up for trial or refuse to turn over documents, when they know they messed up.”

At the pretrial hearing in late January, John Allen asked that the police report be turned over and the judge ordered the police to turn over the report. The police failed to do so. Pleas of “not guilty” were entered on behalf of both the dancer and Moore.

The Detroit Police failed to appear for the April 29 trial or to explain what constitutes “sexual simulation.” Because the police did not show for the trial the judge dismissed the charges against Moore.

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