Opposing Police Entrapment and Profiling of LGBT People comment
By Don Gorton, Clerk of Join the Impact MA
A recent Massachusetts State Police sting operation in a park popular with gay men has raised concerns of entrapment and profiling. Plainclothes officers—all but one male—arrested 31 men, most for trespassing in MacDonald Park in Medford, MA this summer, allegedly in the course of investigating the rape of a woman which remains unsolved. Arrestees describe being eyeballed by casually-dressed young men who sustained eye contact to the point it appeared they were “cruising” and proposing a private assignation in a secluded area. Stepping off the trail, men who thought they were being propositioned were arrested for trespass on public property.
Join the Impact MA, along with the Anti-Violence Project, GLAD, and Fenway Health’s Violence Recovery Program, recently met with public safety officials to protest State Police tactics which lead to the entrapment of gay men. The meeting was reported in the Boston Globe http://bostonglobe.com/metro/2011/11/11/arrests-raise-concern-gay-profiling/tYA6Wym4tBk4X9jhlybsMN/story.html . The State Police denied that the undercover officers were leading the arrestees on with eye contact, arguing that plainclothes officers were there in response to a reported rape. Public safety officials admit, however, that anti-terrorist protocols entail visual surveillance of suspicious individuals by police officers on state-owned land. Sustained eye contact is interpreted by many gay men as a sexual overture, and those who are subjected to undercover State Police surveillance have no way of knowing that the other man is assessing the threat of terrorism.
Historically plainclothes police officers called “decoys” have been used to make arrests of gay men seeking private sexual encounters, because the consensual nature of same-sex activity makes it otherwise difficult to detect. In 1989, State Police commanders agreed not to send plainclothes decoys into areas where gay men fraternize except as a last resort to deter unlawful acts of exposure. Public safety officials dispute that the recent trespassing arrests were made by “decoy” patrols, alleging that the plainclothes officers were not targeting the gay men who were arrested. However, they have proposed no specific measures to prevent the danger of entrapment.
In my role as Chairperson of the Greater Boston Lesbian/Gay Political Alliance, I first became involved in negotiations with the Massachusetts State Police to stop the entrapment and profiling of gay men in 1989. It is troubling to witness the return of undercover male officers to areas popular with gay men, whether to investigate threats of terrorism, rape, or citizen complaints of LGBT visibility. Regardless, the door is open to more entrapment arrests. I wonder how a gay man taking a walk through the park is supposed to know that the heavy eye contact from an attractive young man is intended to stop terrorism, and not a proposition for a private intimate encounter? Whether they’re targeting gay men or not, lots of guys without criminal intent are going to be caught up in the dragnet.
I am troubled by the trend toward more aggressive policing of “trespassing” on public property, whether aimed at gay men socializing in parks or Occupy protestors in various cities. Alleged trespassing violations do not implicate public safety and should not be a focus for heavy police enforcement operations of the sort we’ve seen recently. With budget cuts eviscerating many critical social services programs, we cannot waste money to pay police officers to keep the public off of public property.
Join the Impact MA is considering next steps to prevent entrapment and profiling of LGBT people by police officers, and invites volunteers to join in the effort.






