The suit names Barckely as the ticketing officer and Sgt. Now, he’s seeking class action status on behalf of anyone targeted by such enforcement since 1996, when the state passed an ordinance prohibiting parking at the rest stop between dusk and dawn.
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The ticketed driver fought the traffic violation on those grounds, prompting the court to dismiss the violation last fall.
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The arrests were discriminatory because no women or drivers with families were targeted, Nickerson argues. “When defendant Officer Barckely ticketed plaintiff for parking after dark at a rest area that the legislature had determined to be a place for resting, he made a false arrest because the ordinance prohibiting after dark parking was unconstitutional under the Supremacy Clause of the California Constitution,” Nickerson writes in the claim. In a complaint penned by LGBTQ-civil rights attorney Bruce Nickerson, the plaintiff-whose identity is withheld in the clam-says CHP targeted him for parking in the area before sunrise because of its perceived reputation as a gay cruising spot. The San Jose man alleges as much in a lawsuit filed this past week in federal court. According to the San Jose commuter, all the vehicles were driven by single men, making Barckley’s enforcement discriminatory and unconstitutional. 24, 2018, and several other cars were parked alongside his own.Ī few minutes after the man left his car to stretch his legs and check emails on his phone, CHP Officer Brian Barckley pulled up and began ticketing vehicles parked in the pullout.
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Each was arrested after talking with an undercover officer.The commuter parked at his usual rest stop on the east side of I-280, which marked the halfway point between his home in San Jose and office in San Francisco. Four of the seven men recently arrested have been charged with gross indecency, punishable by up to five years in prison.
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He says police recently received a complaint about two men exposing themselves in a rest stop bathroom. Gerald Johnson says officers want to prevent offensive sex acts from taking place in rest stop bathrooms used by weary travelers. He says the arrests show that in the authorities' eyes, 'homosexuals are still outlaws.' Jackson County Detective Sgt. Jeff Montgomery of the Detroit-based gay rights group Triangle Foundation says undercover officers who try to engage gay men in sexual conversations are guilty of entrapment.
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'People are being arrested for doing no more than having a conversation with a police officer,' he said. 127 is one that's listed on an Internet Web site as 'Lollipop Park.' The Web site's operator, Keith Griffith of San Diego, said in today's Jackson Citizen Patriot that men who use the list are discreet about 'cruising' rest stops for sexual liaisons. A gay rights group accused the county sheriff and state police of 'entrapment' after at least seven men were arrested in recent weeks at three rest stops.Īmong the targeted rest stops on I-94 and U.S. JACKSON, Mich., July 5 - Police in Michigan's Jackson County are defending their use of sting operations to arrest homosexual men who 'go cruising' for sex at highway rest stops.