FOR IMMEDIATE RELEASE

March 3, 2001

GLAD Settles Harassment Case with Massachusetts State Police

(Boston, Mass.)  Today Gay & Lesbian Advocates & Defenders announced the settlement of a court action against the Massachusetts State Police involving allegations of a particular Trooper improperly rousting a gay man (“John Doe”) from public areas.  A key feature of the settlement involves the issuance of a General Order from the head of the State Police, Colonel John DiFava, to all uniformed members of the department clarifying the law on police-public interaction and sexual activity in public places. Among other things, the General Order provides, “Officers should not order someone to leave a public area in the absence of unlawful conduct.”

According to Mary Bonauto, an attorney at Gay & Lesbian Advocates & Defenders (GLAD) who represented “Mr. Doe” against the State Police, “This is an incredibly positive first step. We commend the State Police for recognizing there are limits to their authority and for stating the rules of operation in plain English and in a General Order.  The State Police will follow up with in-service training to ensure the General Order is understood and discipline to ensure it is followed.  This is a good start to what we envision to be a long term process.”

Mr. Doe, through GLAD, complained in writing to the State Police in June, 1998 about what Mr. Doe perceived as a pattern of harassment at the hands of one particular officer, including being forced to leave public areas.  The State Police investigated and concluded the officer’s conduct in ejecting Mr. Doe was proper because Mr. Doe had “unlawful intent” even though he was doing absolutely nothing illegal.  GLAD then filed suit on behalf of Mr. Doe.  In October, 1999, Superior Court Judge Wendy Gershengorn agreed to enjoin the individual Trooper Mr. Doe had complained about as well as all others acting in concert with him to leave Mr. Doe alone as long as he was not violating any laws.

Although the State Police admitted no wrong doing, they trained all new recruits on the issues in the General Order, and are ensuring that in-service training for existing officers also addresses the issues. The State Police have already trained the most recent 232 recruits in GLBT issues in conjunction with GOAL New England and the State Police gay and lesbian liaisons.

When citizens believe the State Police have fallen short, complaints will be handled in accordance with an improved complaint procedure which involves review by the central office Division of Standards and Training rather than just by the commanding officer of the trooper whose conduct is at issue.  Communication between the State Police and GLAD will be aided by regular meetings with State Police officials over the next two years.

Gary Buseck, GLAD’s Executive Director, added, “GLAD fully intends to identify those officers who refuse to treat gay people respectfully. There are two hotlines available for complaints: one answered by GLAD (1-800-455-4523), the other answered by the State Police liaisons to the gay and lesbian community.  People should feel free to call both numbers if they have been forced out of a public area simply because they are gay or are congregating with other people of the same sex. The State Police have a complaint procedure; we should use it to help them identify the minority of officers who are causing problems.”

According to Bonauto, “The leadership of Colonel DiFava has been essential in moving this forward.  We are not necessarily at the end of controversy.  But the settlement provides a framework in the years ahead to ensure there are fewer problems.”

To get a copy of the General Order issued by the State Police,