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Gay sex clubs in sacramento ca

Gay sex clubs in sacramento ca

Dennis Elliott returns to the path he took beyond the levee—it once ended in arrest, prosecution and almost his suicide. From there, if you climb the path that goes up the bank, pause on the gravel road that tops the levee and look toward the river, in front of you is a canopy of trees that covers a boggy margin, which the state, lacking a better term, calls a nature area.

This place, at the end of North 10th Street, where the roar of a nearby freeway drones behind the twittering of birds in the trees, has been a cruising spot for gay men for at least 50 years. Its serpentine paths and overgrown bushes provide some privacy.

What goes on here looks more like gay life in the early s, when police routinely made arrests at gay meeting places, before the New York Stonewall Riots gave gay liberation a name. They even tried hanging plastic bags containing condoms and safer-sex literature in the trees, but in Del Paso, according to one person, the condoms ended up floating in the creek as children from the neighborhood played on its banks.

Police say they get complaints about the situation, particularly in Del Paso, because homes line the north boundary of the park. Their solution has been, very much like police do with prostitution, to send undercover vice cops into the area.

Though they have made a few arrests of men caught having sex in pairs or in groups, most of the time, officers entice men—through provocative words and gestures and lots of eye contact—into doing something lewd, such as exposing themselves or touching the vice officer, and then cite them for lewd conduct and, usually, either indecent exposure or sexual battery. Most often, the men who have been cited have pleaded guilty to the lewd-conduct charge, frequently in exchange for dropping the more-serious indecent-exposure or battery claims.

Some of the men are married to women, but, for all of them, the embarrassment of the charge is the biggest penalty, so most plead guilty in the hope of putting the situation behind them as quickly and as quietly as possible. Usually, the sentence is a suspended jail term; a week of community service; three years of probation; and a fine in the hundreds of dollars, which is dwarfed by the legal fees for those who get a private attorney.

But a quiet rebellion is starting. For years, some gay and lesbian lawyers have said that this kind of enforcement is little different from the raids on gay bars that triggered the Stonewall Riots and other similar uprisings across the country in the late s and early s. Now, lawyers are starting to allege discriminatory enforcement, and they have started legal proceedings to stop it. They also question the validity of police claims regarding citizen complaints about this consensual sex beyond the levee.

In the year ending July 1, , Sacramento police made more than arrests for lewd conduct, and though their records are unclear for a few cases, all but five or six were of men arrested for having, or wanting to have, consensual sex with other men.

The vast majority were made in one-on-one sting operations. But a few, such as Dennis Elliott, do. Elliott is a gay man. He has AIDS and supports himself with a combination of disability payments and a job managing a small Sacramento apartment building.

He was cited on the 10th Street levee on May 4, , but his case continues, five years later, because he still has six months left on his probation term. Chief Assistant Public Defender Karen Flynn argues in court to have the charges against a group of men dismissed. She found the police had no citizen complaints. On a warm spring day, Elliott was walking with a knapsack along the gravel road at the top of the levee when, down in the bushes, he saw one of two men he had noticed earlier getting out of a van a few blocks away.

Elliott claims that the man, with a dark complexion and curly black hair, started waving to him. He had kind of a butch look. He was very masculine, very alluring. Elliott walked in and put his knapsack down.

They could see out, but, Elliott thought, nobody else could see in. Elliott claims the man leaned up against some branches, put his hands in his pockets, thrust his pelvis forward and then started playing with himself. Elliott moved forward, and the man took his hands out of his pockets. The man then moved away and asked if his friend could join the two. Elliott said he was surprised that the friend appeared so quickly.

Elliott said he put his hand out to shake hands with the other man, and, at that point, Detective Scott Maldonado pulled out his badge and told Elliott he was under arrest. Maldonado cited Elliott not only for lewd conduct, but also for sexual battery. The penalties for both are as high as 90 days in jail, three years of probation and hours of community service. If found guilty of battery, or of indecent exposure, a defendant is required to register as a sex offender—for life.

After Maldonado told Elliott he was under arrest, the two detectives led him to a van they had parked on a side street. They took his picture and his thumbprints and went through his backpack. Elliott said they took his notebook and found an ad he was planning to put into one of the gay papers in San Francisco. They asked if it was mine. They wrote him a ticket, told him to report later for full pictures and prints, and told him to go home and not come back.

Elliott said he started to get angry. The further I got, the madder I got. I walked back to my house, and I started to cry. His case finally went to trial on May 7, The trial stretched over eight days. Elliott was sentenced to 90 days in jail, but his lawyers argued that that would be cruel because he had AIDS.

The judge suspended the jail term but sentenced him to three years of probation. He is still required to check in with his probation officer once a month. He did hours of community service—and was told to register as a sex offender. I cried, just jags. I tried to call some people. I finally got a friend on the phone, and I told him what happened. Defense attorney Bruce Nickerson has built a career out of the legal problems gays encounter because of their sexuality.

The door latch clicked, and in bustled Flynn with a stack of files in her arms and some legal background. California law prohibits uneven enforcement of laws against any one group. That prohibition dates back to the late 19th century, when, in a case called Yick-Wo v. Nearly all of the laundries run by white people were approved, but of the more than that were run by Chinese, none was approved. The case went to the California Supreme Court. Since then, discriminatory-enforcement cases have been brought mainly for racial discrimination.

But in , in a case called Murgia v. Municipal Court, the California Supreme Court found that those same discriminatory-enforcement precedents could be applied to gay men in lewd-conduct cases. One of the most important tests in these cases is evidence that the police acted on their own in choosing to enforce the law against one group in this case, homosexuals but not against another heterosexuals.

In July , Flynn went to court and got a judge to require the police to produce their lewd-conduct arrest records—and copies of the complaint logs. When the data came back, she said, leaning forward in her office chair, she was slightly surprised at the overwhelming percentage of gay, male sex arrests: That meant, she said, that all the arrests for consensual sex were for men having sex with men.

But she said the figure that made her decide to pursue her motion was the number of documented complaints the police recorded during the same period. Flynn claims that the police are deliberately targeting men who have sex with men. This March, Nickerson and several other attorneys won a similar Murgia motion in Fresno. In the preliminary decision in March, a Fresno judge found that there was discrimination. Nickerson and the other lawyers go back to court this month to argue that the cases should be dismissed.

But John Duran, a lawyer from Southern California and the mayor of West Hollywood, has defended more than 1, of these cases in his year practice. All of his motions have been settled, when it looked like he might win, or have been denied.

Duran, more strongly than Flynn, says that these sorts of cases are discriminatory. Police, she said, routinely follow possible suspects. Candee heard arguments in what even Flynn called a difficult decision for any judge—to dismiss every single case of lewd conduct in Sacramento for the past year and possibly open the city up to civil lawsuits. Flynn said that all of the arrests were made because the officers solicited the men, not the other way around.

The Sacramento police are targeting gay males, she said. But there is not one name. Nickerson later called that argument a distinction without a difference. At the end of the hearing, Candee took the case under advisement. Flynn had been worried that he would rule, negatively, from the bench.

What does she think will happen? Is it discriminatory prosecution? Candee has a difficult decision. In , San Francisco had similar problems with two areas of Golden Gate Park that were well-known cruising spots for many years: She said the police started to get lots of complaints from horseback riders and soccer players at a newly renovated field. She said that the San Francisco cops went to the areas as decoys in plainclothes.

But instead of citing people, they handed out leaflets. The fliers said that public sex is illegal. San Francisco police kept it up for about two months, and it worked. Today, those areas are largely free of public-sex problems. But San Francisco is a bit different from Sacramento. Though the Golden Gate Park cruising areas are history, there are other venues to take up the slack.

But, more importantly, according to Militello, though San Francisco closed its bathhouses at about the same time as Sacramento, there are still at least four sex clubs in the city, where men go for anonymous encounters—and they are bathhouses in all but name. But those approaches are rare. Arrests for public sex are the cause of about six suicides every year across the country, claims Patrick Califia, author of the book Public Sex:

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FIRST GAY CLUB EXPERIENCE



Gay sex clubs in sacramento ca

Dennis Elliott returns to the path he took beyond the levee—it once ended in arrest, prosecution and almost his suicide. From there, if you climb the path that goes up the bank, pause on the gravel road that tops the levee and look toward the river, in front of you is a canopy of trees that covers a boggy margin, which the state, lacking a better term, calls a nature area. This place, at the end of North 10th Street, where the roar of a nearby freeway drones behind the twittering of birds in the trees, has been a cruising spot for gay men for at least 50 years.

Its serpentine paths and overgrown bushes provide some privacy. What goes on here looks more like gay life in the early s, when police routinely made arrests at gay meeting places, before the New York Stonewall Riots gave gay liberation a name. They even tried hanging plastic bags containing condoms and safer-sex literature in the trees, but in Del Paso, according to one person, the condoms ended up floating in the creek as children from the neighborhood played on its banks.

Police say they get complaints about the situation, particularly in Del Paso, because homes line the north boundary of the park. Their solution has been, very much like police do with prostitution, to send undercover vice cops into the area.

Though they have made a few arrests of men caught having sex in pairs or in groups, most of the time, officers entice men—through provocative words and gestures and lots of eye contact—into doing something lewd, such as exposing themselves or touching the vice officer, and then cite them for lewd conduct and, usually, either indecent exposure or sexual battery.

Most often, the men who have been cited have pleaded guilty to the lewd-conduct charge, frequently in exchange for dropping the more-serious indecent-exposure or battery claims.

Some of the men are married to women, but, for all of them, the embarrassment of the charge is the biggest penalty, so most plead guilty in the hope of putting the situation behind them as quickly and as quietly as possible.

Usually, the sentence is a suspended jail term; a week of community service; three years of probation; and a fine in the hundreds of dollars, which is dwarfed by the legal fees for those who get a private attorney. But a quiet rebellion is starting. For years, some gay and lesbian lawyers have said that this kind of enforcement is little different from the raids on gay bars that triggered the Stonewall Riots and other similar uprisings across the country in the late s and early s.

Now, lawyers are starting to allege discriminatory enforcement, and they have started legal proceedings to stop it. They also question the validity of police claims regarding citizen complaints about this consensual sex beyond the levee.

In the year ending July 1, , Sacramento police made more than arrests for lewd conduct, and though their records are unclear for a few cases, all but five or six were of men arrested for having, or wanting to have, consensual sex with other men. The vast majority were made in one-on-one sting operations. But a few, such as Dennis Elliott, do. Elliott is a gay man. He has AIDS and supports himself with a combination of disability payments and a job managing a small Sacramento apartment building.

He was cited on the 10th Street levee on May 4, , but his case continues, five years later, because he still has six months left on his probation term. Chief Assistant Public Defender Karen Flynn argues in court to have the charges against a group of men dismissed.

She found the police had no citizen complaints. On a warm spring day, Elliott was walking with a knapsack along the gravel road at the top of the levee when, down in the bushes, he saw one of two men he had noticed earlier getting out of a van a few blocks away.

Elliott claims that the man, with a dark complexion and curly black hair, started waving to him. He had kind of a butch look. He was very masculine, very alluring. Elliott walked in and put his knapsack down. They could see out, but, Elliott thought, nobody else could see in. Elliott claims the man leaned up against some branches, put his hands in his pockets, thrust his pelvis forward and then started playing with himself. Elliott moved forward, and the man took his hands out of his pockets.

The man then moved away and asked if his friend could join the two. Elliott said he was surprised that the friend appeared so quickly.

Elliott said he put his hand out to shake hands with the other man, and, at that point, Detective Scott Maldonado pulled out his badge and told Elliott he was under arrest. Maldonado cited Elliott not only for lewd conduct, but also for sexual battery. The penalties for both are as high as 90 days in jail, three years of probation and hours of community service.

If found guilty of battery, or of indecent exposure, a defendant is required to register as a sex offender—for life. After Maldonado told Elliott he was under arrest, the two detectives led him to a van they had parked on a side street. They took his picture and his thumbprints and went through his backpack. Elliott said they took his notebook and found an ad he was planning to put into one of the gay papers in San Francisco. They asked if it was mine. They wrote him a ticket, told him to report later for full pictures and prints, and told him to go home and not come back.

Elliott said he started to get angry. The further I got, the madder I got. I walked back to my house, and I started to cry. His case finally went to trial on May 7, The trial stretched over eight days. Elliott was sentenced to 90 days in jail, but his lawyers argued that that would be cruel because he had AIDS. The judge suspended the jail term but sentenced him to three years of probation. He is still required to check in with his probation officer once a month.

He did hours of community service—and was told to register as a sex offender. I cried, just jags. I tried to call some people. I finally got a friend on the phone, and I told him what happened.

Defense attorney Bruce Nickerson has built a career out of the legal problems gays encounter because of their sexuality. The door latch clicked, and in bustled Flynn with a stack of files in her arms and some legal background. California law prohibits uneven enforcement of laws against any one group.

That prohibition dates back to the late 19th century, when, in a case called Yick-Wo v. Nearly all of the laundries run by white people were approved, but of the more than that were run by Chinese, none was approved.

The case went to the California Supreme Court. Since then, discriminatory-enforcement cases have been brought mainly for racial discrimination. But in , in a case called Murgia v. Municipal Court, the California Supreme Court found that those same discriminatory-enforcement precedents could be applied to gay men in lewd-conduct cases. One of the most important tests in these cases is evidence that the police acted on their own in choosing to enforce the law against one group in this case, homosexuals but not against another heterosexuals.

In July , Flynn went to court and got a judge to require the police to produce their lewd-conduct arrest records—and copies of the complaint logs. When the data came back, she said, leaning forward in her office chair, she was slightly surprised at the overwhelming percentage of gay, male sex arrests: That meant, she said, that all the arrests for consensual sex were for men having sex with men.

But she said the figure that made her decide to pursue her motion was the number of documented complaints the police recorded during the same period. Flynn claims that the police are deliberately targeting men who have sex with men. This March, Nickerson and several other attorneys won a similar Murgia motion in Fresno. In the preliminary decision in March, a Fresno judge found that there was discrimination. Nickerson and the other lawyers go back to court this month to argue that the cases should be dismissed.

But John Duran, a lawyer from Southern California and the mayor of West Hollywood, has defended more than 1, of these cases in his year practice. All of his motions have been settled, when it looked like he might win, or have been denied. Duran, more strongly than Flynn, says that these sorts of cases are discriminatory. Police, she said, routinely follow possible suspects. Candee heard arguments in what even Flynn called a difficult decision for any judge—to dismiss every single case of lewd conduct in Sacramento for the past year and possibly open the city up to civil lawsuits.

Flynn said that all of the arrests were made because the officers solicited the men, not the other way around. The Sacramento police are targeting gay males, she said. But there is not one name. Nickerson later called that argument a distinction without a difference.

At the end of the hearing, Candee took the case under advisement. Flynn had been worried that he would rule, negatively, from the bench.

What does she think will happen? Is it discriminatory prosecution? Candee has a difficult decision. In , San Francisco had similar problems with two areas of Golden Gate Park that were well-known cruising spots for many years: She said the police started to get lots of complaints from horseback riders and soccer players at a newly renovated field. She said that the San Francisco cops went to the areas as decoys in plainclothes.

But instead of citing people, they handed out leaflets. The fliers said that public sex is illegal. San Francisco police kept it up for about two months, and it worked. Today, those areas are largely free of public-sex problems. But San Francisco is a bit different from Sacramento. Though the Golden Gate Park cruising areas are history, there are other venues to take up the slack. But, more importantly, according to Militello, though San Francisco closed its bathhouses at about the same time as Sacramento, there are still at least four sex clubs in the city, where men go for anonymous encounters—and they are bathhouses in all but name.

But those approaches are rare. Arrests for public sex are the cause of about six suicides every year across the country, claims Patrick Califia, author of the book Public Sex:

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1 Comments

  1. All of his motions have been settled, when it looked like he might win, or have been denied. Gone are the days of the sleazy triple-X theater. The case went to the California Supreme Court.

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