Louisiana Sheriff Refuses to Stop Enforcing Anti-Sodomy Law

[William769]

The sheriff in East Baton Rouge doesn't care that the Supreme Court ruled anti-sodomy laws unconstitutional a decade ago, it's still on the books in Louisiana, so he's still arresting men for it.

A dozen men have been arrested there since 2011, according to a report by Louisiana newspaper The Advocate. A spokesman for Sheriff Sid J. Gautreaux told the newspaper that “This is a law that is currently on the Louisiana books, and the sheriff is charged with enforcing the laws passed by our Louisiana Legislature."

So police have arranged a series of stings, in which an undercover policeman woos an unsuspecting gay man back to his apartment for sex and then makes an arrest. The newspaper notes that no money is promised, which would actually be illegal. The sheriff's department spokesman argues that because the men initially meet at the park, a public place, it's unseemly.

Although the local district attorney tells the newspaper he has no intention of prosecuting, one of the men described the entire experience o being arrested and brought to jail as "intimidation" and says that he's still trying to "block everything I can possibly can about it out of my consciousness."

http://www.advocate.com/crime/2013/07/28/louisiana-sheriff-refuses-stop-enforcing-anti-sodomy-law

WTF! If the Supreme court says the law is unconstitutional, then he's enforcing an illegal law! I'm all for loading up buses & going there and protesting this this law in the public square! At least then he can arrest me for violating a law.

[shenmue]

1. The hell?

Aren't there any murderers who need to be stopped instead?

[Mr. David]

2. Easy enough. Have the U.S. Marshals arrest the idiot.

And order the mayor to fire the sheriff or sanction a forced recall.

Also that sheriff is a big fat lawsuit waiting to happen. The gays should easily collect.

[NutmegYankee]

7. On what charge?

Sadly, as fucked up as it is, there isn't much that can be done unless the law is repealed by the legislature. Because the Courts have invalidated the law, no-one would ever get convicted, but the police can cite the section and cite probable cause. It's possible a harassment or unlawful arrest lawsuit can be filed, but with the law still remaining on the books, an unlawful arrest tort case is unlikely to succeed. The police pretty much have an almost unlimited right to arrest you.

[meow2u3]

12. Civil rights violations

This sheriff is using his authority to arrest people who haven't done anything criminal and is pretending that what they're doing is a crime.

[former9thward]

3. I don't understand why a suit has not been filed.

It has been going on since 2011. A suit should have been filed the next day.

[William769]

4. I agree.

[indepat]

5. Maybe the ignorant son-of-a-bitch is unaware of the Supreme Court ruling. Or maybe he

is doing the Lord's work as the Lord gave him the light to see. Or maybe his word is law in his domain. Whatever the case, it's a shame no prosecuting attorney is around to indict him for false arrests.

[Socal31]

6. If the DA can prove the Sheriffs know that the law is no longer valid....

Wouldn't this be considered kidnapping? At the very least, it is a huge civil rights violation. The Federalis should get involved, pronto.

[William769]

9. At least the DA is refusing to try the cases.

Although he should be looking into the Sheriff.

[CanonRay]

8. That county needs a couple of multi-million dollar lawsuits

and the Tea Party tax haters will throw the redneck sheriff out on his ass.

[arcane1]

10. WTF? What are they even being charged with, "intent to commit sodomy"?

Are the undercover cops actually having sex with the men they lure?

Sounds to me like he's using this law for the singular and deliberate purpose of harassing gay men.

[William769]

11. Exactly!

[hrmjustin]

13. The Sherrif needs to be removed and arrested for false arrest.

[William769]

14. Agreed.