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A Retreat on False Arrests from Chelsea to Bushwick


One case involves middle-aged gay men at adult bookstores. The other concerns black and Latino teenagers on their way to a wake. One centers around Manhattan, the other in Bushwick.

Both cases, however, involve false arrests and possible abuses of police power. And in the two instances the police and district attorney have had to retreat from their original stands, although many questions and concerns remain.

THE PROSTITUTION ARRESTS

In February, this column looked at what Council Speaker Christine Quinn, an out lesbian, called a pattern of "false arrests" of middle-aged gay men for prostitution at adult bookstores. The city was apparently using the arrests in an effort to close the businesses under the nuisance abatement laws. Duncan Osborne of the Gay City News uncovered the pattern.

Now, law enforcement -- from the police department to the Manhattan district attorney's office -- appears to be stepping back from those arrests.

By mid-April, six men who had pleaded guilty to minor charges had met with the district attorney's office to have their cases reviewed. There were concerns, Osborne reported, that while "at least 30 men were busted in at least six Manhattan porn shops last year, the district attorney" appears to be reviewing only the arrests made by one undercover officer. The office, Osborne said, was not looking into other suspicious arrests at "spas, private apartments, and on the street in the West Village and in Midtown."

That district attorney's action follows weeks of furor over the arrests. At Quinn's behest, police brass met with the Coalition to Stop the Arrests (now called the Campaign to Stop the False Arrests) on Feb. 11, led by Robert Pinter, a 52-year-old gay man who claims he was falsely arrested in October in the East Village by a young undercover cop who at first asked him for consensual sex and then accused him of soliciting prostitution. Despite protesting his innocence, Pinter pleaded guilty to disorderly conduct to avoid a heavier charge on the advice of his lawyer at Legal Aid, who was not aware of the pattern of false arrests.

Demonstrators protested against the arrests on Feb. 14 at Mayor Michael Bloomberg's Upper East Side residence and on Feb. 21 in Sheridan Square, near the site of the Stonewall Inn. Forty years ago next month, that gay bar was the scene of the Stonewall Rebellion that catalyzed the modern gay, lesbian, bisexual and transgender rights movement as patrons of the bar fought back against police harassment.

An astounding 66 percent of those arrested at the bookstores that the city wanted closed were over 42 even though only 17 percent of prostitutes arrested citywide are over 42 years of age. The police department is not answering questions about why they would use a use a young, good-looking cop to snare alleged prostitutes when most sex workers are young and seeking older clients.

A Pattern of Denial

Initially, the police department and Mayor Michael Bloomberg defended the arrests. When I asked Bloomberg at a Feb. 7 press conference about the issue, he said, "Some of the men arrested pleaded guilty. Whether or not they really were or not, the investigation continues. I don't think I have to justify my devotion to tolerance, but there are laws and if you break the laws the police department is going to enforce the laws."

Asked about the disproportionate number of men over 42 arrested, Bloomberg joked, "Careful, don't criticize people over 42 years old."

Bloomberg said he had not personally looked at the pattern of arrests and added, "The police department is looking at it, and you can rest assured that Speaker Quinn is working with our administration to take a look and make sure that whatever was done was done correctly."

Shortly after that, police spokesperson Paul Browne told the New York Times that police were not targeting gay men. However, he continued, police officials and activists agreed at a meeting "that the police should address quality-of-life issues and illegal activity ... in a way that reassures the gay community that none of its members are being targeted because they are gay."

Change of Course

In March, the New York Post reported that Police Commissioner Ray Kelly had called the head of the department's Organized Crime Control Bureau, which oversees the vice squad, to police headquarters. They decided, the paper said, that any further operations would have to be cleared by bureau chief Anthony Izzo.

The office of the district attorney, which prosecuted the cases, also seemed to acknowledge mistakes. On March 6, Pinter and other activists met with Manhattan District Attorney Robert Morgenthau at the behest of out gay State Sen. Thomas Duane. Joey Nelson of the Queer Justice League told the Gay City News "The first thing Morgenthau said was, 'we're going to investigate all these cases.'"

"They weren't trying to cover things up or hide," Pinter told the paper. "Morgenthau himself brought up that he has prosecuted police over 300 times in his career." However, Linda Proust Lopez, a supervising attorney at Legal Aid, told the paper she was "disappointed" that the office was not expanding its investigation to include "all of the male prostitution arrests made by these undercovers."

At the meeting, Duane and Assemblymember Deborah Glick, an out lesbian, were reportedly "very outspoken" about what they see as the anti-gay nature of the arrests.

The District Attorney's Office said that it does not comment on ongoing investigations, but a reliable source was told by the office that "they are first investigating the people who pleaded not guilty and after that they will investigate the people who pleaded guilty -- like Rob Pinter," who has just filed a motion to vacate his conviction.

Pinter said that Morgenthau promised to investigate, but Pinter is frustrated with the pace of the investigations. "Maybe they are going to call in everyone else [who was arrested under these circumstances], but it seems very slow," he said.

Osborne also reported that the District Attorney's Office denied his Freedom of Information filing for details on the cases, based on the fact that they are being "re-investigated." The paper is appealing the denial.

Open Issues

The administration still has not provided a full account of the status of the sting operation and those who carried it out.

The police department did not respond to e-mailed questions about the investigation into the officers who made the arrests or whether these men are still conducting the operation.

The mayor's press office did not answer an e-mail asking whether Bloomberg has looked into the arrests. It also did not respond to a query about why the police department reportedly withdrew its nuisance complaint into Chelsea's Unicorn DVD bookstore -- a complaint based on these arrests -- just two weeks after it was cleared to go to trial by Judge Michael D. Stallman.

When Osborne asked Bloomberg on May 1 if City Hall had approved the stings, the mayor passed the buck to the police department. "I've heard people are worried about it, have concern about it," he said. Gay City News is seeking details of the cases from the department under the Freedom of Information Law.

City Councilmember Rosie Mendez has been among those urging the mayor to look deeper into the cases. "The mayor has an election and doesn't want to lose votes," she said. "We need to put on more pressure to see what happens with those officers. From what I'm being told, the police overstepped their boundaries and did not have sufficient information to leap to the position that these were prostitutes."

Then there are the larger issues. "The arrests in porn stores are part of a larger and wider war on sexual civil liberties in New York," veteran gay activist Bill Dobbs said. He expressed concern that the current protests by the Campaign to Stop the False Arrests are not taking on that bigger issue.

MEANWHILE IN BUSHWICK...

Two years ago, police arrested a group of 32 young people of color on their way to the subway in Bushwick to attend a friend's wake. At the time, Police Commissioner Ray Kelly and Brooklyn District Attorney Charles Hynes defended the arrests. The young people "were not just walking on one car, they were trampling on all sorts of cars," Hynes said at the time. "It was almost as if they were inviting arrest." Kelly also reportedly said the kids were yelling, blocking traffic and climbing on cars.

Bob Herbert, columnist for the New York Times who drew attention to the case in his column, soon cast doubt on the police statements, speaking with witnesses who completely disputed the police account.

Now, although the city has admitted no wrongdoing on the part of the police, the charges against the 32 have been dropped. Additionally, the 16 young people who sued the city reached settlements in April of between $9,000 and $23,000 each.

These young people not only had Herbert and witnesses on their side. Some of them were members of Make the Road New York, a civil rights and community empowerment group with bases in Bushwick as well as Queens and Staten Island. It held a press conference to announce the settlements on April 19 outside police headquarters.

Michael Scolnick, a civil rights attorney who represented the young people, said those arrested "were being orderly -- not even acting like children normally do" when walking in the street because they were mourning.

Some of the young people, he said, were accompanied by their parents. Those parents, according to Scolnick, "were told [by the police] to 'shut the fuck up and get out of the way or we'll arrest you too.' One [parent] hollered out, 'don't anybody run. You didn't do anything.'"

The fact that the youth stuck together and did not panic or flee probably led to their rare exoneration.

Scolnick said that the settlement "was compensation for alleged violations of their civil rights," which included being handcuffed to pipes or the Snapple machine after arrest at the 83rd Precinct. Some were held for more than a day.

When Scolnick met with the young people to review the settlement he told them, "You all behaved in a sane, responsible way. You refused to accept an ACD [Adjournment in Contemplation of Dismissal]. You did not plead guilty. You have a lot to be proud of. You whipped the system in criminal and civil court."

"The NYPD and DA had it in for these youth because of the fact that they live in a low-income community," said Oona Chatterjee, co-executive director of Make the Road New York. "They didn't hesitate to lie about these youth in the press. Now they are faced with the consequences." She added, "They wouldn't have done this if these kids were from the Upper East Side."

Jesus Gonzalez of Make the Road New York said the group has trained about 200 young people in what their rights are in these situations. Given the hundreds of thousands of youth of color who have been subjected to a stop-and-frisk by the police, it seems many public school students might benefit from such a training progra.

FULL DISCLOSURE

I've written this column for more than seven years, but recently have developed a conflict that readers are entitled to know about. One of my jobs is with Bill Lynch Associates, a consulting firm that has lately taken on representing City Comptroller William Thompson Jr., who is running for mayor against Bloomberg. I don't think that I would have written this column any differently if I didn't work for the firm. Whether I have agreed or disagreed with a public official or candidate, I have always tried to be fair in reporting on them. But readers are entitled to know when some of my income is derived from a source profiting from politicians competing with anyone I write about and this story could not be written without covering Bloomberg's role.

Andy Humm, a former member of the City Commission on Human Rights, has been in charge of the civil rights topic page since its inception in 2001. He is co-host of the weekly "Gay USA" on Manhattan Neighborhood Network (34 on Time-Warner; 107 on RCN) on Thursdays at 11 PM.

The Citizen


With the U.S. Census -- the decennial count of all of us -- slated for next year, New York officials already are taking steps to insure immigrants include themselves in the tally.

"In a city with approximately 500,000 illegal residents -- potentially more than 5 percent of the population -- getting an accurate count has been a challenge," the Queens Tribune reported recently. The task has prompted the Bloomberg administration to alert immigrants -- documented or not - that being counted will not put them at any risk.

Applauding the Polish-American Congress for encouraging Poles to be counted, the Polish language paper Nowy Dziennik said, "The count results can visibly help or harm each one of us." A full enumeration is particularly vital in these tough economic times, the paper continued, when population figures could determine who gets what funds for social programs.

Meanwhile, another counting -- this one of the unemployed - paints a picture of continued hard times, particularly for the city's immigrants. As the city unemployment rate increases, "indicators suggest that the population without working papers is faring even worse," Andrew Silverstein wrote in City Limits. He reported from Woodside, Queens, where dozens stand "competing for low-skilled jobs in construction, carpentry, moving and cleaning. They used to get picked up for day jobs - but now they just keep waiting. The lack of work has led some to become homeless."

In the restaurant industry, a recent report found widespread discrimination against immigrants -- making them particularly vulnerable as that industry sees fewer patrons and smaller tabs.

But there was some humor last month. In one of the few national television appearances by a New York City Council member since the Daily Show's Jon Stewart showed footage of Allan Jennings hurling an object at a reporter, John Liu got a shout out on Saturday Night Live earlier this month. And Liu wasn't even doing something dumb. Instead the Queens politician, now running for comptroller, was demanding "that a Texas lawmaker apologize for saying that Asian-American voters should adopt names that are, quote, 'easier for Americans to deal with.'" SNL's Seth Meyers continued, "Liu was shouted down by fellow Asian Councilman Cowboy Baseball."

And here's a roundup of stories on the economy, education, politics and other hot topics, selected from the Spanish, Korean, Chinese, Russian and Bangladeshi press via our partner, Voices that Must be Heard:

Wanted: Lawyers for Immigrants, Novoye Russkoye Slovo
In Manhattan, which has perhaps the largest corps of lawyers in the world, hundreds of poor immigrants sitting in an immigration detention center are unable to find an attorney who will help them avoid deportation.

As Economy Declines, African Immigrants Consider Return Home, African Abroad
Finding it difficult to ask for help and getting little assistance from the economic stimulus package and other government programs, many African immigrants wonder whether they should give up on their American dream.

More Latinos Going to Food Pantries, El Diario/La Prensa
As the economic recession worsens and more people lose their jobs, the number of Latinos showing up at churches and food pantries has increased considerably, according to the New York City Coalition Against Hunger and other agencies that donate food.

Hard Times for Small Businesses, El Diario/La Prensa
For evidence that the city's small businesses are disappearing, one only has to walk down Fordham Road in the Bronx.

Bias in City Restaurants, World Journal
Only about 55 percent of minority restaurant employees believe they have the same opportunities in the industry as their white counterparts, according to a new study released by the Restaurant Opportunities Center of New York. Although three quarters of restaurant workers are minorities, white employees tends to make more money, have higher positions and receive bigger bonuses.

Union Urges Boycott of Restaurant, Sing Tao Daily
The Nice Restaurant -- renamed the Splendor Restaurant -- in Manhattan's Chinatown has not reopened yet but members of the 318 Restaurant Workers' Union picket the premises, accusing the owner of discriminating against union workers.

Pakistani Americans Consider City-Wide Campaign, Urdu Times
Two Pakistani Muslims have launched campaigns for citywide municipal office, with Imtiaz Sayyid a candidate for public advocate, and Saleem Ejaz running for comptroller.

An Election You Might Have Missed, NY Korea Times
The contest for the New York Korean Association cut across racial and ethnic barriers to generate excitement, interest and participation. "This local Korean election campaign has everybody excited. The streets are full of music, and people are dancing and having fun," said one Bronx resident -- not a Korean.

Students Asked About Immigration Status, Weekly Thikana
In a violation of New York City regulations, school officials are asking students about their immigration status when they fill out lunch forms and other school-related documents.

Polish Schools Face Declining Enrollment, Nowy Dziennik/Polish Daily News
As Poles move away from traditional Polish neighborhoods, schools that teach Polish language, culture and heritage have seen their student bodies shrink, forcing principals to struggle to make ends meet and attract pupils.

Immigrant Students Learning English, El Diario de Mexico
More English language learners in New York City public schools have achieved proficiency in English than was the case in 2003, according to a report by the city Department of Education.

Schools Offer Few Services to Immigrants, World Journal
Most immigrants with children in New York City's public schools cannot participate in school activities because of language barriers -- even though the city Department of Education requires that schools provide parents with translation services, according to a recent report.

The Pothole That Ate Koreatown, New York Korea Times
Well not quite, but the pavement on 32nd Street in Manhattan is uneven and so plagued with huge craters that merchants have placed makeshift "bridges" over the potholes in front of their stores.

The Politics of Same-Sex Marriage


Image (cc) CarbonNYC
A participant at the November 2008 Gay Marriage Rally in New York City

"Civil rights don't wait for the right time. I hope we've cleared that up once and for all," said Gov. David Paterson Thursday morning as he introduced legislation that would allow New York to follow in the footsteps of Vermont and legalize same-sex marriage. Flanked by Mayor Michael Bloomberg, City Council Speaker Christine Quinn, members of the legislature and gay rights activists, Paterson laid out his case for introducing a gay marriage bill and he did it in the bright of day.

A lot of people did not expect this to happen this year. In Albany bills generally are not brought to the floor of the Assembly or Senate unless they are certain to pass. And as Assemblymember Daniel O'Donnell pointed out, in 2007 the gay marriage bill was sent to the legislature at night "so no one would see it coming."

Paterson, though, came out swinging, "I read today that I'm rushing things. I'm rushing things by re-releasing a bill that the former governor released in 2007? What is going on with the world right now?" asked Paterson. As for introducing a bill that might not pass, "What is this Iran?" he wondered out loud. "Where are all those good government people now not calling for a vote on this in both houses?" he asked in amazement.

Bloomberg echoed Paterson's sentiment. "I'd also like to add that I've never believed that the state legislature should only debate and vote on legislation that they are 100 percent sure is going to pass," said the mayor. "That is not democracy. We have to have a debate. We have to have a vote. We have to let people, or force people, particularly elected officials to stand up and say explicitly, on the record, where they stand. That's what democracy is all about."

So why, on a day when Paterson introduced legislation that would mandate equal marriage rights for gays, did he and his allies spend so much time arguing that he was not hurting the cause by introducing a bill without being certain he would have all the votes it would need to pass?

Some say Paterson's move is a brash attempt to boost his poll numbers. Whatever it does for Paterson, though, the same-sex marriage bill is expected to cause the Democrats major headaches. A number of Democrats think Republicans will try to use the bill to attack vulnerable Democratic senators in upstate districts where same-sex marriage is very unpopular.

Paterson said he has heard "'we have to wait until we talk to Republicans!" "You don't think we've done that?" he demanded. Paterson said it was simply time to act.

After the Assembly

The Assembly, thanks to its Democratic supermajority, is likely to pass a gay marriage bill, as it did in 2007. That year, 81 Democrats and four Republicans voted in favor. Thirty-eight Republicans voted against the bill as did 23 Democrats. The bill did not come to a vote in the Senate in 2007 due to opposition from the Republican Senate majority.

On the Senate side, though, at least four Democratic senators stand against such a bill. Sen. Ruben Diaz Sr. of the Bronx and upstate Sens. David Valesky, Darrel Aubertine and William Stachowski have all indicated that they would vote against it.

On top of that, many believe that in his attempt to become Senate majority leader Malcolm Smith had assured Diaz he would not bring gay marriage to a vote. Diaz, a Pentecostal minister, has strongly opposed legalizing same-sex marriage, and Smith needed his support, along with that of two other rogue Democrats. While Paterson had his press conference Thursday, Diaz held a meeting of Hispanic ministers to plan their next steps to address "homosexual marriage."

Smith did not attend Paterson's press conference because he reportedly had previously scheduled meetings. (Assembly Speaker Sheldon Silver did not attend either because, Paterson said, he was celebrating Passover.) However, Paterson said, Smith "is a strong supporter of the legislation."

"I have been and continue to be a strong supporter of marriage equality and remain steadfast in my commitment to passing the marriage equality legislation submitted today by Gov. Paterson," said Smith in a statement released Thursday. "No person should ever be denied their civil rights or the basic freedoms others can enjoy. I am fully committed to continuing the process of securing the 32 votes necessary for passage and ensuring that all New Yorkers can realize the right of marriage equality which is fundamentally theirs."

Smith said earlier this year that he supports gay marriage but will not introduce legislation until he has enough support among Senate Democrats to pass it. Smith's spokesperson, Austin Shafran, repeated this week that Smith still does not believe bringing the bill to the floor is the right move unless it is guaranteed to pass.

Sen. Thomas Duane, the only openly gay member of the Senate, initially called Paterson's plan to introduce the bill a "gamble" and insisted it should only reach the floor if it will pass. But Duane changed his tune this week and has told reporters that he has been assured by some Republicans that they support the bill. He declined to name names.

Spokesmen for the Senate minority have insisted that their conference "continues to be opposed to the bill." The Republican Senate conference is notorious for acting as a unit.

"I doubt that the Republicans are going to join the Democrats to pass this now. They are dying for the upstate Democratic senators ... to come out in favor of this," Diaz recently told the Albany Times Union.

Geography as Destiny?

Republicans are expected to try to seize on the issue of gay marriage in their attempts to further play up the divide between upstate and downstate. They likely will paint the push for gay marriage as another example of New York City Democrats forcing their values on upstate residents.

"I certainly support equal rights, and I think same-sex couples should have equal rights, but I believe that marriage should be between a man and a woman," Sen. Betty Little of Queensbury, recently told Jimmy Vielkind of politickerny.com. She also noted that she was surprised that Paterson introduced the bill.

For much of this year Republicans have stressed that the Senate is now controlled by "three Democrats from New York City." Senate Minority Leader Dean Skelos of Long Island repeatedly referred to this year's budget process as "negotiated in secret by three New York City Democrats," with emphasis on "New York City."

Upstate Republicans assailed the budget for its cuts to agricultural programs and the closing of upstate prisons. Republicans also pushed for property tax relief, saying that New York City Democrats aren't sufficiently concerned about property tax issues because most of their constituents rent rather than own property. Four upstate senators went so far as to introduce a bill calling for a statewide vote on whether upstate New York should become the 51st state by separating from New York City and Long Island.

One of the bill's sponsors, Sen. Joe Robach of Rochester, has said the bill is not designed as a novelty but to allow voters to address what he sees as a disparity between the way upstate and downstate are treated.

To say the measure is unlikely to pass is an understatement. But despite the absurdity of the bill, Senate Democrats remain extremely sensitive to the issue of the upstate-downstate divide.

Smith has touted his approach as "one New York." Upstate Democratic members note that Smith has toured their districts and spent time on farms and say he is very attentive to the needs of upstate.

When asked about what seems to be the Republican strategy of playing upstate against downstate Shafran became uncharacteristically emotional. "Times are tough. People should be coming together, but they want to divide," he said. "I think it is a poor political strategy, and they need to focus on policy. We are fixing the mess they created. After 12 years of a borrow and spend Republican governor and after 40 years of a Republican majority that took care of special interests, now we face the greatest fiscal crisis since the Great Depression. In a time when we should be trying to pull the state together all they are doing is trying to further divide the state. I think it is disgusting."

Against this backdrop, advocates for gay marriage have stepped up their lobbying efforts to secure votes for the bill in the Senate. And they insist that no senator should be worried about a backlash in the voting booth if they vote to approve gay marriage. O'Donnell recently cited Assembly Republicans who voted for the gay marriage bill in 2007 and won re-election.

Advocates point to Vermont, which was the first state to legalize gay marriage through legislation. "I'm embarrassed for New York State," said Alan Van Capelle, executive director of the Empire State Pride Agenda in a statement on April 7 after Vermont's legislature legalized gay marriage.

Activists like Capelle say it is a shame that a progressive state like New York has not been a leader on the issue. Van Capelle pointed out that Paterson and U.S. Sens. Kirsten Gillibrand and Chuck Schumer openly support gay marriage.

"Every statewide official, the New York State Assembly and a majority of New Yorkers already support passing a bill that would provide same-sex couples with the 1,324 rights and protections that come with a New York State marriage license," said Van Capelle. "Despite the prevailing wisdom that Albany is hopelessly dysfunctional," he continued, "we have -- time and time again over the years -- proved that we can break through the gridlock and pass legislation providing equality for our community when most people thought it couldn't be done



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