ACLU Challenges Detroit Police Practice of Profiling Gay Men; Police
Actions Unconstitutional
Statement of Jay Kaplan, Staff Attorney
ACLU GLBT Project Monday, December 17, 2001
The ACLU of Michigan, on behalf of four men and the Triangle Foundation,
filed a lawsuit in the U.S. District Court of Michigan today challenging the
constitutionality of the undercover sting operations in Rouge Park conducted
by the Sixth Precinct of the Detroit City Police Department. Gay men or men
perceived to be gay have been targeted for arrest under Detroit’s
"Annoying Persons" and "Solicitation and Accosting"
ordinances.
In order to entrap men throughout the park, undercover officers would
follow or approach men they perceived to be gay, make eye contact and
encourage the men to respond in a sexual manner. If a man merely responded
with a look, gesture or conversation that the officers perceived to have
sexual connotations, the man was arrested under these ordinances and his
vehicle would be impounded. He was then required to pay $900, plus towing and
storage costs for the return of his vehicle. The money was not refunded, even
if the court dismissed charges under these ordinances.
None of these arrests, under these ordinances and through the Rouge Park
undercover decoy operation involved public sexual activity or prostitution.
The undercover operation was part of the "morality units" operations
conducted city-wide by all precincts to eliminate public sexual activity and
prostitution.
We believe that the actions of the Sixth Precinct to profile and arrest gay
men or men perceived to be gay under these ordinances are unconstitutional in
four respects: 1) The ordinances are overbroad and vague by not providing
adequate notice regarding prohibited conduct; 2) they violate our plaintiffs
right to have engaged in constitutionally protected speech and associational
activity under the First Amendment; 3) the singling out of gay men for arrest
and prosecution violates Equal Protection rights; and 4) the police action of
impounding vehicles and the practice of charging fees for the return, towing
and storage of vehicles constitutes an illegal seizure in violation of due
process. There is a history to these types of operations where the police have
used undercover operations to target and arrest gay men. In 1997, the ACLU of
Maryland had a similar lawsuit against police for sting operations in parks
Baltimore-area. The ACLU of Northern California challenged ordinances that
would have allowed police to seize, claim and sell the vehicles driven by
people accused—even if they are later found innocent.
Deborah A. LaBelle, ACLU Cooperating Attorney, will be lead counsel on this
case along with Jay Kaplan, Michael J. Steinberg, ACLU of Michigan Legal
Director and Kary L. Moss, ACLU of Michigan Executive Director.
(For photos visit www.tri.org or to see
the case visit www.aclumich.org)
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