Gay Couple Wins False Arrest Suit

SOUTH FLORIDA BLADE

Gay man wins $45,000 after false arrest
Plaintiff claimed police targeted him for being gay


By DMITRY RASHNITSOV
AUG. 27, 2009

Claude Lessard, the plaintiff in a 2003 case of false arrest at John U. Lloyd State Park in Dania Beach, is taking home $45,000 from the state of Florida.

Lessard, an openly gay local junior high school teacher, filed suit against the Florida Department of Environmental Protection and park officer David Pius in March 2005, after being arrested at the park for what he said was a case of anti-gay bias. His suit included charges of false arrest, false imprisonment and malicious prosecution stemming from an incident that took place in the park in July 2003.

The state, without admitting fault, decided to pay Lessard the $45,000 for damages rather than continue to fight the case.

Lessard’s attorney views this as not only a victory for gay men who are harassed at public beaches and parks, but also a legal step that gives gays another right in the fight for marriage equality.

"Our office is grateful we could help remind law enforcement authorities that gay men will no longer tolerate abuses of their civil rights, and when those rights are violated unjustly, the State will be held financially accountable,” said Norm Kent, Lessard’s attorney. "The settlement is ample proof that the government tried to whitewash and cover up the case from the start, but through the tenacity of our office, and courage of our client, we saw it to a just end. The amount they paid showed it was not just nuisance value. "

The arrest occurred during the afternoon of July 23, 2003. Lessard said he was walking along a trail in the park when he saw a man being arrested. At the time, Lessard said he was mindful of newspaper articles in which numerous gay men had alleged that they were harassed, cited for dubious trespassing violations and falsely arrested in the park.

According to Lessard, when he encountered a man along the trail whom he thought was just a park visitor, he commented to him, “Watch out. They’re arresting someone over there.”

The man Lessard encountered turned out to be a police officer. He accused Lessard of obstructing an undercover operation in the park. Park officers had been conducting undercover patrols because of reports of sexual activity in the park. But Lessard said he was there only to enjoy the beach and park on a sunny day. Lessard thinks he was targeted for arrest simply because he was a gay man in the park, according to the lawsuit.

Lessard was charged with “obstruction of justice” and jailed for 15 hours. His car was towed, and he had to pay $136 to retrieve it. Later the state dropped the charge but Lessard was so outraged about how he was treated that he sued the state for false arrest, which was reported by the Blade in 2004 (then called Express Gay News). An internal investigation by the Florida Department of Environmental Protection (DEP) in 2004 concluded that there was no evidence that park officers acted inappropriately, violated any statute or policy, or targeted anyone in the park based on sexual orientation. Along with the monetary award, the case also establishes significant victory for gay couples seeking legal rights for their partnerships.

Lessard’s domestic partner of 27 years, Jocelyn Goulet, is also named as a co-plaintiff in this case; as a result, the judge also set case-law for Broward County establishing gay couples, who are registered as domestic partners, the right to sue together under “loss of consortium” just as straight couples would. Loss of consortium laws state that if one spouse is injured and is suing for damages, their spouse can also sue because they cannot complete their marital duties. Lessard is currently out of the country and is unavailable for comment.

Incarcerex: Marijuana Folly on Video

Every now and then you come upons something which lends meaning to the words that a picture is worth ten thousand of them. Then this video is worth 100,000...words that is. Thanks to Lynn Appleby, the Cannabis Action Director Network in Vermont, for sharing this on Facebook, so I could further disseminate it on my blog.

Streakout

Kinda speaks or streaks for itself, doesn't it?

Richie Havens at Woodstock

Forty years this week. Reflections as the days unfold.

Obama Image Stirs Legal Battle on Pot Poster

-- With buzz about the Obama Joker poster still in the air, another reworking of the president's image is causing a stir.

The National Organization for the Reform of Marijuana Laws has produced a psychedelic, '60s-style poster featuring a photo of college freshman "Barry" Obama smoking. Above his super-bad Panama hat is the slogan: Yes We Cannabis.

Artist Sonia Sanchez created the poster for NORML's annual conference using a picture taken at Occidental College in 1980 by the future president's classmate Lisa Jack. In the original photo, Obama is holding a real cigarette to his lips. Sanchez tweaked the smoking material to fit her theme, but otherwise the image is unchanged.

The pro-pot group never sought Jack's permission, even though it is selling the poster as well as giving it away to conference-goers, NORML Executive Director Allen St. Pierre acknowledged in an interview with The Washington Post.

Jack told the Post she's "very irritated" and does not want her work, which is on display at a Los Angeles gallery, used in this way.

NORML believes it's protected by "fair use" rules, but it's far from a clear-cut case. Ashby Jones writes on The Wall Street Journal's Law Blog it "just might take the cake as Best Fair-Use Smackdown Ever."

In this case, all the players are known. The Obama Joker poster that has gone viral on the Internet in recent days is more mysterious. No one seems to know who created the image, in which Obama's face is painted like Heath Ledger's character in 'The Dark Knight.' The original photo was taken from a TIME magazine cover. The posters first appeared in Los Angeles.
"The Obama-as-Joker picture can be viewed as the evil twin" of Shepard Fairey's famous 'Hope' poster, David Ng observes in the Los Angeles Times Culture Monster blog.

Fairey, a Los Angeles artist, based his iconic red, white and blue image on an Associated Press photo. The AP is suing Fairey, accusing him of violating its copyright. Fairey is countersuing, claiming he changed the original picture enough to be covered under "fair use" as a work of art.