Baton Rouge Sheriff made aware of old SCOTUS ruling

[zsdersw]

http://www.out.com/entertainment/popnography/2013/07/30/sheriff-apologizes-gay-snare

Sid J. Gautreaux III, the Democratic Sheriff of East Baton Rouge Parish, has apologized to at least a dozen men after it was revealed his office had been unconstitutionally charging men for "unnatural acts" after the men merely suggested having sex with other men.

Here's what we know: Over the past two years, Gautreaux's deputies have spent hours in a local park, waiting for cruising men to bring up the topic of having sex. Then, even though no money was exchanged and nothing carnal happened in public, the men were arrested. None were prosecuted because there were no crimes: "unnatural act" laws were repealed by the Supreme Court in 2003, a major development of which Gautreaux says he was unaware.

Now that he's been brought up to speed, Gautreaux apologized "to anyone that was unintentionally harmed or offended by the actions of our investigations." He also says his staff will no longer ensnare gay men in parks and that he planned "a comprehensive evaluation of undercover operations made by our deputies and will make changes to ensure better supervision, training and guidance."

And with that, Baton Rouge is brought into the 21st Century.

Good, glad he finally woke up and smelled the obvious.

 

[TechBoyJK]

you shouldn't be posting Onion articles in P&N

 

[zsdersw]

you shouldn't be posting Onion articles in P&N

I'd love to say the incident was an Onion article. Sadly, though, it wasn't.

 

[Jhhnn]

Gatreaux had the courage to Man-up, to exhibit some integrity. Kudos for doing so.

We need more of it.

 

[rudder]

Any law enforcement officer should know you cannot arrest someone for talking about consensual sex between adults. However here in Nashville there is a problem at many public parks where people (typically only men and not strictly identified as gay) use them to cruise for sex and the sex acts take place in the park. The local news showed a bunch of websites that had a number of parks listed.

The PD will do stings once in a while but the problem returns. A lot of married guys get nabbed, occasionally a country music star or some public figure. But really... can't they spend $20 on a room?

 

[Jhhnn]

But really... can't they spend $20 on a room?

Rooms cost more than $20. If they all tried to rent rooms, the price would go up to $200. Well, unless you want to make it legal to rent rooms by the minute.

Just sayin'.

 

[woolfe9998]

http://www.out.com/entertainment/popnography/2013/07/30/sheriff-apologizes-gay-snare



Good, glad he finally woke up and smelled the obvious.

Point of clarification. The SCOTUS did not "repeal" laws criminalizing sodomy. They held them unconstitutional. That means the laws remain on the books - though unenforceable - unless or until the state legislature actually repeals them. I don't know if Louisiana has repealed there's. I do know that Texas has not, probably because they feel that repealing the law would signal their agreement with the SCOTUS decision, so they let it remain on the books without enforcing it. If Louisiana hasn't formally repealed there's, it may explain why the cops weren't aware that they couldn't arrest people for it any more. The cops rely on compact criminal code books which would still contain the law(s) in question. They may not pay close attention to court decisions.

 

[JEDIYoda]

can't they spend $20 on a room?

thats so freaking idiotic

 

[shira]

Point of clarification. The SCOTUS did not "repeal" laws criminalizing sodomy. They held them unconstitutional. That means the laws remain on the books - though unenforceable - unless or until the state legislature actually repeals them. I don't know if Louisiana has repealed there's. I do know that Texas has not, probably because they feel that repealing the law would signal their agreement with the SCOTUS decision, so they let it remain on the books without enforcing it. If Louisiana hasn't formally repealed there's, it may explain why the cops weren't aware that they couldn't arrest people for it any more. The cops rely on compact criminal code books which would still contain the law(s) in question. They may not pay close attention to court decisions.

Solecism alert.

 

[Jhhnn]

Point of clarification. The SCOTUS did not "repeal" laws criminalizing sodomy. They held them unconstitutional. That means the laws remain on the books - though unenforceable - unless or until the state legislature actually repeals them. I don't know if Louisiana has repealed there's. I do know that Texas has not, probably because they feel that repealing the law would signal their agreement with the SCOTUS decision, so they let it remain on the books without enforcing it. If Louisiana hasn't formally repealed there's, it may explain why the cops weren't aware that they couldn't arrest people for it any more. The cops rely on compact criminal code books which would still contain the law(s) in question. They may not pay close attention to court decisions.

Yes, Texas Repubs exist in a state of denial, pretending that much of what they believe in hasn't been superceded & overruled by federal law and the SCOTUS.

Clearly, Gatreaux was a victim of that same headset in Louisiana, believing in the Law when that Law violated the Constitution. Honest state govts strike such laws to establish integrity in law enforcement, which is the last thing that Southern Repubs want, at all. None of that matters when they want law enforcement to serve as the rear guard in the culture war that they're losing.

 

[woolfe9998]

Solecism alert.

You're actually policing apostrophes? Slow day on the farm?

 

[Lanyap]

Any law enforcement officer should know you cannot arrest someone for talking about consensual sex between adults. However here in Nashville there is a problem at many public parks where people (typically only men and not strictly identified as gay) use them to cruise for sex and the sex acts take place in the park. The local news showed a bunch of websites that had a number of parks listed.

The PD will do stings once in a while but the problem returns. A lot of married guys get nabbed, occasionally a country music star or some public figure. But really... can't they spend $20 on a room?

That seems to be the case here too except that the police were using entrapment and intimidation to keep the park "clean" for family use. Too bad the gay folks are using family parks for their sexual rendezvous. How would you feel if you were walking around with your family with little kids and you turn a corner and see two guys having butt sex.

Manchac Park has long been known as a popular rendezvous for gay men “cruising” for anonymous sex. In 2005, Sheriff’s Office spokesman Fred Raiford declared that “people can’t walk down the trails (of the Blackwater Conservation Area) because there is too many people in there soliciting sex.”

http://theadvocate.com/home/6580728-125/gays-in-baton-rouge-arrested

 

[Jhhnn]

That seems to be the case here too except that the police were using entrapment and intimidation to keep the park "clean" for family use. Too bad the gay folks are using family parks for their sexual rendezvous. How would you feel if you were walking around with your family with little kids and you turn a corner and see two guys having butt sex.



http://theadvocate.com/home/6580728-125/gays-in-baton-rouge-arrested

WTF is wrong with you?

Park sex is oral sex, or hand jobs, and most of these guys, straight or gay, will squirt within seconds of pulling it out of their pants, usually back in their cars. Long ago, a friend's balcony overlooked Cheeseman Park, a then very active gay meat market after sundown. It was a great spot to hang out, drink wine & smoke reefer. The facts were obvious, even from a distance.

Do you take little kids for a walk in the park after sunset?

Just because some law enforcement talking head makes allegations doesn't mean it's the truth, either.