FOR IMMEDIATE RELEASE

October 29, 1999

Massachusetts Superior Court Judge Issues Preliminary Injunction Against State Police In Case

(Boston, Massachusetts) Middlesex County Superior Court Judge Wendie Gershengorn today issued an order enjoining the Massachusetts State Police and a state trooper “from requiring [a gay man identified in court papers as John Doe] to leave public rest areas along Route 6 so long as Doe is complying with the laws of the Commonwealth.”

John Doe, represented by Gay & Lesbian Advocates & Defenders (“GLAD”) and GLAD cooperating attorney John Ward, filed suit in Middlesex Superior Court in August, 1999, alleging that Doe had been forced to leave public areas by the State Police based on anti-gay stereotypes.

Doe, a Cape Cod resident, alleged that trooper Shawn Walsh of Troop D, in the course of patrolling rest stops on Route 6, asked Doe to leave the rest area on four occasions. Trooper Walsh acknowledged two such incidents: one when Doe was sitting in his car; and another when Doe was walking toward his car. After GLAD wrote a letter of complaint about this practice to the State Police, a State Police investigator (Lt. Andrew Martin) and the Commander of Troop D (Major John Kelley) wrote a letter back supporting trooper Walsh’s conduct.

Judge Gershengorn’s opinion states: “It is without dispute that Doe is entitled to use public roads and rest areas without having to fear harassment by the police. While Doe is not entitled to use these rest areas for illegal conduct, Doe’s actions, even as described by Walsh, were clearly legal.”

According to Mary Bonauto, a GLAD attorney who represents John Doe, “This decision is a wake-up call to the minority of police officers who hold a stereotyped view that gay men will act irresponsibly in public areas. When such views interfere with proper law enforcement, a court may act to protect those who suffer from improper police practices.”

The Judge stated she was concerned that improper police practices could continue. Her ruling stated, “The fact that Martin [Troop D investigator] and Kelley [former Troop D Commandeer] did not recognize [that Walsh did not have the right to order Doe to leave], and indeed approved of Walsh’s actions, makes repetition of these actions likely if there is not proper training.”

Attorney John Ward, co-counsel in the case, added, “The Judge recognized that this problem is broader than one trooper’s misunderstanding of the law and that it can’t be papered over with a new State Police policy. Absent training, some of the State Police may continue to act on the basis of anti-gay stereotypes.” The Judge’s ruling follows an October 20, 1999 hearing on Doe’s motion for a preliminary injunction. A trial is set for January 7, 2000.

Gay & Lesbian Advocates & Defenders, founded in 1978, is New England’s public interest legal organization working in the courts to establish equal justice under law for lesbians, gay men and bisexuals and people with HIV and AIDS.