NYC Council Overrides Bloomberg's Vetoes Of Bills To Create New NYPD Oversight

The New York City Council yesterday voted to override Mayor Bloomberg's veto of two bills intended to crack down on the abuses of the NYPD.

The predominantly Democratic council voted 39 to 10 yesterday to pass the inspector-general measure and 34 to 15 to nullify a second veto of a bill allowing lawsuits when an officer uses racial profiling as a reason for questioning someone. Votes by at least 34 of the council’s 51 members are required to override a mayoral veto. The inspector-general decision followed a federal court ruling this month that police violated the U.S. Constitution in stop-and-frisk encounters with hundreds of thousands of mostly black and Hispanic young men. To restrain the practice, U.S. District Judge Shira Sheindlin appointed a monitor she said would ensure that police act lawfully.

Bloomberg is furious: "Today’s vote is an example of election-year politics at its very worst and political pandering at its most deadly. We will ask the courts to step in before innocent people are harmed."

The Gay Men's Health Crisis applauded the vote.

"Stigma related to race, sexual orientation and gender identity continues to be a driving force of the HIV epidemic in New York City," said Janet Weinberg, Chief Operating Officer of GMHC. "It is critical that police committed to protecting all New Yorkers stop harming them through profiling based on real or perceived race, sexual orientation, gender identity and HIV status."

NEW YORK CITY: Bloomberg Files Appeal To Fight Stop-And-Frisk Ruling

Earlier this week a federal judge ruled that the NYPD's infamous stop-and-frisk policy is unconstitutional.  Today the Bloomberg administration filed a notice of appeal of that ruling.

Speaking Friday on his weekly radio show, Bloomberg blasted U.S. District Court Judge Shira Scheindlin, who earlier this week ruled the tactic was unconstitutional. “What does she know about policing? Absolutely zero,” Bloomberg said. “Your safety and the safety of your kids is now in the hands of some woman who does not have the expertise to do it.” Bloomberg and other officials have credited the policy in part for a pronounced drop in the homicide rate. The city averages one homicide a day currently, compared with six in 1990. “We think the judge could not be more wrong. The Supreme Court has ruled, we follow the rules,” he said. “This would be a disaster for the city.”

With today's notice to the court, the city now has 90 days to file their formal brief.

UPDATE: Just in from Christine Quinn.

Despite our urging Mayor Bloomberg not to appeal Judge Scheindlin’s decision in the stop, question and frisk case, the Administration has announced that they will move forward with their appeal. Communities across the City have suffered long enough under unjust, unfair and unconstitutional practices. There should be no further delay to long-needed reforms to stop, question and frisk. That’s why we will file declarations in the Courts to oppose any motion for a stay. My office will fight any attempt to prevent these reforms from being implemented. In addition, we will work closely with the plaintiff in this case to oppose any stay pending the appeal and to urge the Second Circuit Court to uphold the district court decision.”

LGBT Groups Demand NYC Council Overide Mayor Bloomberg's "Stop & Frisk" Veto

Saying that the NYPD's infamous stop-and-frisk policy unfairly targets LGBT people of color, a coalition of 34 national and local LGBT groups are demanding that the New York City Council override Mayor Bloomberg's veto of their bill to restrict the practice. Via press release:

Today, national and international LGBT organizations – including the National Gay and Lesbian Task Force, Lambda Legal, the National Black Justice Coalition, the National Coalition of Anti-Violence Programs, the International Gay and Lesbian Human Rights Commission, and GLAAD – joined with local LGBTQ organizations to urge New York City legislators to defend historic legislation banning discriminatory police profiling against a veto by Mayor Michael Bloomberg.

“We know all too well the impact that police profiling has on marginalized communities. LGBT people -- especially transgender people and LGBT people of color -- are unjustly targeted by law enforcement for harassment and policing at unbelievably high rates,” said Darlene Nipper, Deputy Executive Director of the National Gay and Lesbian Task Force. “The National Gay and Lesbian Task Force applauds the New York City Council for passing this historic law and urges all Council Members to stand up for equality and vote to override Mayor Bloomberg's veto.”

The passage of the legislation made history just hours after the U.S. Supreme Court struck down the Defense of Marriage Act by creating the first enforceable ban against police profiling based on sexual orientation and gender identity, alongside race, religion, immigration status, age, gender, housing status, disability, and HIV status.

The statement issued by 34 local and national LGBTQ organizations noted that “from Stonewall to stop and frisk, LGBTQ people - and particularly LGBTQ people of color, LGBTQ youth, and transgender and gender nonconforming people - have long been targets of profiling and other forms of discriminatory policing. The consequences have ranged from death to deportation, assault to arrest, homophobic harassment to humiliation.”

The statement’s signatories called on legislators to “continue to stand firm with LGBTQ people and communities of color, and to vote against efforts to veto this landmark legislation and turn back the clock on this victory. The safety of LGBTQ New Yorkers depends on it.”

The bill was approved by the City Council back in April. Bloomberg vetoed the bill last Wednesday.

LOUISIANA: Cops Arrest Gay Men For Consensual Sex Under Sodomy Laws

Baton Rouge cops have been conducting stakeouts in a public park and have arrested gay men for agreeing to have consensual sex back in their own homes. The Baton Rouge Advocate details one such recent arrest.

An undercover East Baton Rouge Parish sheriff’s deputy was staking out Manchac Park about 10 a.m. one day this month when a slow-moving sedan pulling into the parking lot caught his attention. The deputy parked alongside the 65-year-old driver and, after denying being a cop, began a casual conversation that was electronically monitored by a backup team nearby.  As the two men moved their chat to a picnic table, the deputy propositioned his target with “some drinks and some fun” back at his place, later inquiring whether the man had any condoms, according to court records. After following the deputy to a nearby apartment, the man was handcuffed and booked into Parish Prison on a single count of attempted crime against nature.  There had been no sex-for-money deal between the two. The men did not agree to have sex in the park, a public place. And the count against the man was based on a part of Louisiana’s anti-sodomy law struck down by the U.S. Supreme Court a decade ago.

According to the above-linked report, there have been at least one dozen arrests and the men targeted have typically been closeted and middle-aged.  According to the (gay) Advocate, the sheriff claims not to have known that the Supreme Court invalidated all anti-sodomy laws a decade ago.

The East Baton Rouge sheriff who used Louisiana's defunct anti-sodomy law to arrest a dozen gay men since 2011 now says he didn't know the law was invalidated by the Supreme Court. "To our knowledge, the Sheriff’s office was never contacted or told that the law was not enforceable or prosecutable," a statement from the Sheriff's Office claims. It was issued Sunday after The Advocate newspaper in Louisiana exposed the illegal undercover sting operation. That explanation doesn't appear to satisfy Metro Councilman John Delgado. “Does he know that slavery is no longer around?” an outraged Delgado told The Advocate newspaper in Louisiana. “Does he know that we have cars and no longer horse and buggies?”

Zack Ford provides some background at Think Progress:

When Lawrence was decided, then-Louisiana Attorney General Richard Ieyoub issued a statement asserting that the state’s anti-sodomy law could not be enforced, except in cases of prostitution and bestiality. Still, the law remains on the books, as it does in many other states. Two years ago, a sheriff’s office in Michigan was similarly found to be entrapping gay men under that state’s anti-sodomy law, which also hasn’t been repealed, even though it’s similarly unenforceable. In Virginia, Republican gubernatorial candidate Ken Cuccinelli is fighting to maintain a Crimes Against Nature Law that federal courts have specifically struck down since Lawrence.

Bloomberg Vetoes NYPD Oversight Bill

Mayor Bloomberg today vetoed a bill that would create an office to oversee the NYPD and that would make it easier for citizens to sue the police for abuses. Gothamist reports:

The Community Safety Act, which is comprised of two separate laws meant to crack down on the NYPD's racial profiling, was passed by the City Council with enough votes to override Bloomberg's veto of the measure. Many view Bloomberg's veto as a stalling tactic until he can pressure enough City Council members to change their votes. Should the override succeed, Bloomberg has hinted at a court challenge, arguing that the bill conflicts with state law. (He's also been looking at other ways to get back at council members who support it.) "There is no need for additional oversight of the NYPD," Bloomberg wrote of his veto. The override vote could happen in August, just a few weeks before the mayoral primary.

The bill was supported by Christine Quinn, although she only backs the portion that would create the Inspector General office. When the bill passed last month, NYPD Commissioner Ray Kelly, whom Quinn has pledged to keep on if she is elected (but maybe fire later), said, "Take heart al Qaeda wannabe's because the City Council has found a way to undermine our partners."

After today's veto, NYC Public Advocate and mayoral candidate Bill de Blasio issued a press release: 

"Today, Mayor Bloomberg continued to turn a blind eye to the racial profiling that takes place in our neighborhoods each and every day. I believe we need a real change, and encourage City Council members to stand by their votes and override the Mayor's veto. Our young men cannot afford for us to waver in the face of intimidation from City Hall."

Greece Reinstates Forced HIV Testing

Greece's new minister of health has reinstated a measure that allows the police to detain and test any person for HIV.

Health organisations say the decree stigmatises drug users, sex workers and undocumented migrants in particular. The text also states that any occupants of housing which “may cause danger to public health” should be evicted from their homes, without any alternative being offered. The measure, which was first introduced by Socialist health minister Andreas Loverdos in April 2012 shortly before the general election, resulted in the round-up and subsequent forced testing of hundreds of women. The 17 found to be HIV positive had their names, personal details and photographs published in the media, on the grounds of protecting public health.

The measure has been denounced by Doctors Of The World and the Greece Solidarity Campaign.

H.P. Mendoza - Glad To Be Gay

An update of the 1978 Tom Robinson classic. Watch this.

NYC's Stop-And-Frisk Protest

Sunday In New York City

NEW YORK: Gay Groups To Denounce NYPD's Stop-And-Frisk Policy

A broad coalition of LGBT groups and others will gather at Manhattan's Stonewall Inn today to jointly denounce the NYPD's racist stop-and-frisk policy.

“We are all standing together against police harassment on the basis of a person’s identity,” Rea Carey, the executive director of the National Gay and Lesbian Task Force, said in an interview. “There was no rational reason to raid the Stonewall Inn in 1969, and there is no rational reason to stop black and Latino men in 2012 and frisk them simply for being who they are,” she said. The gay rights groups, including the Human Rights Campaign, Lambda Legal and the Empire State Pride Agenda, also plan to participate in a march on June 17 to protest the stop-and-frisk practice. The march is being organized by the N.A.A.C.P., the Rev. Al Sharpton’s National Action Network, and 1199 S.E.I.U., a union of health care workers. In 2011, the police stopped and questioned New Yorkers 684,330 times; 87 percent of those stopped were black or Latino.

The event kicks off at 4pm.

NYPD Sergeant Tells Man: My Dick Will Go In Your Mouth And Come Out Your Ear

The New York Post has shocking video of an NYPD sergeant verbally abusing a 21 year-old man later arrested for disorderly conduct.

Sgt. Charles followed the group into the nearby No. 1 Chinese Food restaurant, flanked by two plainclothes cops. “I have the long dick. You don’t,” the cop bragged. “Your pretty face — I like it very much. My dick will go in your mouth and come out your ear. Don’t fuck with me. All right?” After the target of his tirade insisted, “I didn’t do anything,” Charles retorted, “Listen to me. When you see me, you look the other way. Tell your boys, I don’t fuck around. All right?” “I’ll take my gun and put it up your ass and then I’ll call your mother afterwards. You understand that?” For good measure, the sergeant added: “And I’ll put your shit in your own mouth.” Charles added, “I’m here every fucking day. I don’t go home. I have no life. No kids. I do what I do."

The NYPD says they are investigating the incident and point out that the subject of the tirade has been arrested more than 20 times "including for petit larceny and weapons and pot possession." Sgt. Charles told the Post: “I’m just doing God’s work. You know I can’t comment. Have a blessed day.” Commenters at the above-linked story are defending the police. (Via Gothamist)

SCOTUS: Strip Searches Always Legal

By a 5-4 vote, today the Supreme Court ruled that it is constitutional for prisoners to be strip searched for any petty crime. And even when you haven't committed a crime at all.

The court ruled against a New Jersey man who complained that strip searches in two county jails violated his civil rights. Albert Florence was forced to undress and submit to strip searches following his arrest on a warrant for an unpaid fine, though the fine actually had been paid. Even if the warrant had been valid, failure to pay a fine is not a crime in New Jersey.

INDIA: 133 Arrested At Gay Party

Indian police raided a gay house party in Mumbai this weekend, arresting 133 attendees for "indecent behavior."

The police said they conducted the raid after they received a phone call around 1am about loud music being played at the Spanish Villa bungalow. A police team then raided the bungalow, which is often used for film shootings, and took the partygoers, organisers and the DJ to Oshiwara police station. “The team found that those at the party were behaving in an indecent manner as defined under the Bombay Police Act so they were detained and asked to pay a fine of Rs 1,200 each”, said Pratap Dighavkar, deputy commissioner of police (zone 9). The party organisers, Sharaj Jogani and Saleem Siraj, and DJ Babar were arrested under relevant sections of the Bombay Police Act. The trio was later released on bail. “The organisers had sent invites online and many who attended the party had paid Rs 450 per person as entry fee,” a police official said.

Among those arrested was transgender Bollywood star Bobby Darling, who claims to have not been aware that it was a gay party.

Some States Still Criminalize Sodomy

Equality Matters notes:

In Lawrence v. Texas (2003), the U.S. Supreme Court ruled 6-3 that Texas’ sodomy statute was unconstitutional, marking a major legal victory on the path towards LGBT equality. With the remainder of state sodomy laws technically invalidated by Lawrence, the LGBT community began to shift its focus. [snip] Eight years later, however, eighteen states still refuse to rewrite their laws and take these anti-gay relics off their books, with countless LGBT Americans continuing to feel their devastating effects as a result. Several state legislatures and courts have exploited loopholes in the Lawrence decision, while others have simply refused to acknowledge the decision altogether.

In some states, gay men are still being arrested for "crimes against nature." Hit the link for much more.

ATLANTA: Six Cops Fired Over Eagle Raid

Six Atlanta police officers have been fired for lying about what happened during their infamous 2009 raid on the Eagle nightclub. Other firings may be coming.

The actions come almost 10 days after the release of 343-page report detailing how 16 officers lied or destroyed evidence when asked about the raid at the Atlanta Eagle bar. The report said 10 of them lied, which usually leads to a termination because those officers can not longer testify. “Honesty goes to the very heart of a police officer’s credibility,” Chief George Turner said. “The public must be able to trust its police officers and expects them to tell the truth at all times. Failure to be truthful has serious consequences at the Atlanta Police Department. I hope my actions today serve as a reminder to those men and women on the force that dishonesty simply will not be tolerated.”

Last year the city of Atlanta paid out a $1M settlement to some of the Eagle's patrons and staff.

PANAMA: Lesbian Couple Jailed For Kiss

Onscreen clip translation by Andres Duque at Blabbeando. He reports:

On Sunday, 32 year old Valentina Hernandez (right) and her 23 year old girlfriend were enjoying a romantic walk down the streets of the historic Casco Antigüo colonial district of Panama City when she stopped to give her girlfriend a kiss. Hernandez, a psychologist by profession, reached out to Panamanian newspaper Prensa and shared details of what followed. Hernandez says that a member of Panama's presidential guard who had seen them kiss approached them and accused them of improper behavior. When Hernandez asked him to explain clearly which law they had violated, the guard grew exasperated and called for reinforcement. She says that ten other members of the Institutional Protective Service (S.P.I.) quickly showed up and took her ID and cell phone as they whisked the couple to the local police precinct. Hernandez says that, once they reached the precinct, she was given an intrusive body check by a policewoman. "I felt they touched me everywhere," she said, "They rubbed their hands on my genitals, it was disgusting, my girlfriend was asked to take her pants off." Hernandez says that they were both held behind bars for hours until the authorities asked her to sign a three-page document which they did not allow her to read completely but in which she was told she would free the authorities of any responsibility for their detention. "I signed," she said, "because I did not want to spend a night in a jail cell."

JAMAICA: Police Beat Patrons In Bar Raid

Last week Jamaican police raided a Montego Bay gay bar, severely attacking its patrons. Rex Wockner reports at Bay Windows:

Around 20 officers kicked in doors, shouted anti-gay slurs, beat and pistol-whipped patrons, and made everyone leave, J-FLAG said. As the customers fled, patrons of nearby straight clubs pelted them with bottles and rocks, J-FLAG said. Ten of the raid’s victims sought medical treatment for injuries sustained in the attack, according to J-FLAG. There was a similar raid in early February at a gay club in Kingston, the capital. Officials have provided no explanation for either incident.

Following the raid, local LGBT activist Maurice Tomlinson received an emailed death threat which he forwarded to police "in case anything happens to me."

ATLANTA: Were Eagle Raid Cops Drunk?

According to the Atlanta Journal-Constitution, some of the undercover cops that took part in the now-infamous raid on the Atlanta Eagle had been drinking heavily in the bar before the raid began. Two of the cops are said to have downed "shot after shot of Jagermeister," including rounds bought for them by the bartender.

Three undercover officers were already in the Atlanta Eagle bar before the Sept. 10, 2009, raid started. At least two of them were drinking heavily, according to the bartender and the receipts they filed for the costs of their drinks. According to information gathered in the now-settled lawsuit, officer Bennie Bridges spent $60 of APD funds on May 21, 2009, and another $50 the night of the raid on Sept. 10, 2009. A second officer working undercover that evening, Jared Watkins, claimed $60 for drinks the night of the raid. The third officer inside the Eagle bar before the raid claimed he spent $10. According to records for those who were in the bar undercover on May 21, 2009, five officers, one of them a woman, each claimed they spent $5. Three others reported spending $10, $20 and $29. That was the night Bridges, the lead investigator, spent $60, according to information gathered to settle a federal lawsuit for $1.025 million and legal costs.

Spending $60 sounds like about eight or ten drinks, far far too many just to maintain the guise of being a customer. On the night of the raid, Eagle patrons and staffers said that officers threw them roughly to the filthy bar floor and then made mocking anti-gay slurs. The fictitious charges for public sex and drug possession were dismissed against most of those arrested, the others were found not guilty. And now they all get to split a million dollars of city money.

Charges Dropped In Dallas Bathhouse Raid

Last October eleven men were arrested at a Dallas bathhouse in a raid that police claim was spurred by an unidentified complaining citizen. Yesterday charges were dropped against seven of the men. The Dallas Voice reports:

Attorney Michael Lowe, who represents one of the defendants, told Instant Tea he expects charges to be dismissed against the remainder of the men in the next few days. Lowe said the Dallas County District Attorney’s Office is dismissing the charges because prosecutors don’t believe they can prove that the defendants are guilty. Seven of the defendants were charged with public lewdness, three were charged with indecent exposure and one was charged with interfering with police. DPD’s vice unit has said it conducted the raid, which made national news and was the first at a gay bathhouse in Dallas in recent memory, in response to a citizen complaint.

Police have yet to identify the supposed complainer.

CALIFORNIA: Palm Springs Police Chief Resigns In Wake Of Gay Slur Scandal

Less than a week after he admitted to and apologized for calling gay men "filthy motherfuckers," Palm Springs police chief David Dominguez is resigning.

"After careful consideration of the recent debates surrounding the Warm Sands Law Enforcement Operation, I believe this decision is in the best interest of my family, my health, the Department and the City," Dominguez said in a statement. "It has been a privilege to be the Chief of Police and work with the professional men, women and volunteers in the Police Department who are extremely dedicated to the community."

Dominguez has faced fierce criticism for operating public sex stings that focus on gay men.