Don't tap, don't stare, and keep your hands to yourself! Critiquing the ethics, legality and efficacy of gay sting operations in public restrooms

Abstract

This Article provides the first comprehensive critique of gay sting operations in public restrooms by focusing on ethical issues pertaining to their execution and design and forming hypotheses about their legality and efficacy. In terms of ethics, I argue that the selective execution of gay sting operations against men who engage in sexual activity with other men can be explained by heterosexist cultural norms that legitimize heterosexual sex acts and debase same-sex sexual activity. In terms of legality, I contend that gay sting operations are currently being executed in ways that violate free speech guarantees of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. I also critique the accessibility and effectiveness of the primary legal defense available to male victims of illegitimate gay sting operations: the entrapment defense. Finally, in terms of efficacy, I argue that gay sting operations are inefficient uses of police resources. I contend that the resources spent on gay sting operations would be better served preventing more dangerous and common acts of public violence. This concern is especially salient in light of recent post-9/11 domestic security demands that have imposed significant budgetary constraints on state and local law enforcement.

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