Friday, October 23, 2009

New York cops and prosecutors don't care about the law, not even a little bit.

All about power.

New York cops are arresting gay people on unconstitutional charges. - By Daniel Redman - Slate Magazine:
"In 1983, New York's high court struck down as unconstitutional a 1960s-era provision that made it illegal to cruise—that is, to hit on someone in a public place. And yet in the 26 years since, on thousands of occasions, the New York Police Department has continued to enforce the defunct law, historically used to target gay people.

The defendant in the 1983 case was a gay man arrested for striking up a conversation with a plainclothes police officer and asking him back to his house for sex. The court threw out the anti-cruising law, reasoning that the state couldn't criminalize an act anticipatory to sodomy when sodomy itself was constitutionally protected. (Two years earlier, the same court had found the state's anti-sodomy law unconstitutional.)

Whatever one may think of cruising and whether it should be prohibited, the court's ruling should have killed off the statute. Instead, in the 26 years of this law's odd posthumous career, district attorneys brought 4,750 prosecutions and judges convicted 2,550 defendants. For violating an imaginary law, these defendants paid a decidedly non-imaginary $70,000 in bail and $190,000 in court fees and fines. In the last 10 years, NYPD officers also issued 9,693 citations, forcing citizens to pay $71,000 in fees. The criminal records of these victims have never been expunged and the fees and fines have not been refunded.

...In March 2008, civil rights lawyers brought a class action in federal court on behalf of the thousands of people unconstitutionally arrested, cited, and prosecuted under the defunct anti-cruising law. In May, Judge Shira Scheindlin ordered the City of New York to send letters to the police, district attorneys, and trial judges to remind them that the anti-cruising law was void and should no longer be enforced. NYPD brass sent out a bulletin to officers stating that in each officer's personal copy of the penal code, the law should be "stricken by drawing a line through it in black ink." (After 26 years, the law was still on the books because the legislature had never repealed it.)

Apparently, the NYPD ran out of black ink. From the day that the bulletin went out until now, 85 additional summonses for cruising have been issued... the most recent summons for violating the anti-cruising law was issued in September 2009—nearly a year and a half after the NYPD's bulletin went out. "It is truly shocking that after 26 years and multiple court orders, they just can't stop doing it," said McGregor Smyth, a lawyer at the Bronx Defenders who is counsel for the plaintiffs in the class action. The NYPD did not respond to several requests for comment..."

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