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Why more cops in the Fens doesn't mean a crackdown on gays

Last week, Bay Windows wrote: Boston P.D. cracking down on cruising in the Fens.

Mike Mennonno, himself gay, doesn't think so, because gays looking for some anonymous fun aren't the target of the police. He praises the BPD for attempting to crack down on vandals who have been rampaging through the Victory Gardens - where he has a plot:

... And the truth is, there are people who enjoy other aspects of the park, and they, too, need protection. Scream "police state!" all you want, we have more septuagenarians gardening in the Fens than you can shake a stick at. Shouldn't they be able to take a lively part in their community without fear of violence? ...

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Comments

I'm glad to see illicit sexual behavior in public parks is perfectly 'legal' and acceptable for one sexual orientation, but not another. This is the 21st century, can't people just meet over the internet anonymously and go to a freakin' hotel?

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The attitude of the Bay Windows article is that the police should be turning a blind eye to the illicit activity resulting from individuals cruising, meeting, and heading into the reeds rather than getting a room. Meeting people at a public place is one thing, no different then going to a bar, what comes next is the problem in that, I'm sure most of us, have a problem with couples getting it on while still at the bar or in this case the public park.

My issue is that Bay Windows is asserting it is prejudice to enforce the law because most of the offenders in this case are homosexual. If the same illicit activity was occurring with the frequency it does in the Fens between heterosexuals, you bet there'd be a very public outcry to do something.

The gay community has fought for years to be openly accepted by society and to find equal protection under law. It is highly hypocritical of a major publication after all these years to complain when the law it equally applied to them when it comes to illicit activity in public spaces.

In this day and age, I cannot fathom why a few members of community still engage in and tolerate unlawful behavior in the shadows, when there are plenty of perfectly respectable or private venues for meeting and engaging in otherwise lawful activity. It really hurts the image of homosexuals as a whole to have publications defending what many in the community consider the sleazy fringes' activity.

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I'll bite, eeka.... what?

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Anon (that is your name, yes?) wants us to believe that the "attitude of the Bay Windows article is that the police should be turning a blind eye to the illicit activity," that "Bay Windows is asserting it is prejudice to enforce the law because most of the offenders in this case are homosexual," and that it "is highly hypocritical of [Bay Windows] to complain when the law it equally applied to them when it comes to illicit activity in public spaces."

I'm reading these two news articles and this editorial.

Anon could you please point out from where in these articles you draw your conclusions?

Cuz, I'm just not seeing it.

All I see you getting all huffy about gay sex in the reeds. That is your right; I have no problem with that. Argue away.

Just don't read out words and ideas from the pages of Bay Windows when they just aren't there.

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If you read the article carefully you'll see that it is stated that the seclusion of the reeds is suggested to not make the illicit activity taking place in public. The fact it is occurring on public property, makes it public, period.

I don't have a problem with cruising, a park is as much as a public place as a bar. I have a problem with people taking the next step in a public place. Overgrown reeds are every bit as sleazy as a bathroom or alley romp and I don't think it is a terribly good idea to be defending such deviant behavior as perfectly normal.

If someone isn't trustworthy or valuable to oneself to take home or to a hotel, should one really be willing to be intimate with that person? I personally don't think so.

I really don't understand why everyone has such a hard time walking the extra block to Machine. I understand people sometimes get frustrated with a lack of success by last call, but that level of desperation is really unbecoming of anyone with enough self respect.

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I'm gay and I have a garden in the Back Bay Fens and was a victim of the recent spree by vandals (they cut the wire fencing on the gate to my garden -the gate that I was planning on rebuilding anyhow). I couldn't be happier to see the increased police presence. Regardless of whether they're the target or not, I really don't care whether they go after the cruisers, but I am a little tired of picking up used condoms in the pathway and having to rebuild my beds, etc, after someone's entered my garden and destroyed some of my plants and undone the work I've put into it.

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Anon, you spill a couple of thousand letters on the text of your posts. Do you think you could spare a few for the edit box that asks for Your Name? It is tiresome to wonder which Anon you might be.

Though you admonish folk to read the article carefully, you fail to point out the pertinent paragraph, which would seem to be this:

The area is a popular cruising spot because of the tall reeds, or phragmites, that grow in the Gardens. Because the reeds are so secluded, an expectation of privacy exists for those who seek to use the area for sex. This expectation means that any sexual acts committed there cannot be considered ’public sex.’ Trespassing, littering, and drug use, however, are punishable by law.

I'll grant you that this isn't the best journalistic writing, for no one is quoted and no authority is cited so the paragraph could be read as editorializing in a news story.

But, it's not. There is, in fact, an expectation of privacy in a secluded area, even on public property.

Simply because you state that "it is occurring on public property" does not make "it public [behavior], period." When in a toilet stall or when standing in front of a urinal in a public restroom, one has an expectation of privacy that permits activity that would be illegal if done in the middle of Copley Square.

Before you attempt to tar me with the same brush as you do Bay Windows, I'll say that the phragmites have so fully encroached on Olmsted's vision of a Muddy River, that some of these so-called 'secluded' locations are twenty and thirty yards away from a paved path and are completely screened from anyone on those paths. Eradicating might be a reasonable option if it were practicable.

Whether this is enough 'seclusion' to create an expectation of privacy I'm not prepared to say: I'm not a user of this park.

What I do say is that both you, Anon, and Mike Mennonno, betray the sex-phobic Good Gayism described in the Bay Windows editorial.

Here are the concerns Bay Windows highlights:

  • crime against persons and property
  • litter (condoms, excrement, needles)
  • vandalism against the garden plantings and hardscape
  • trespassing
  • drug use

In addition to these, here is what Mennonno is concerned about:

  • "a Muddy River rat" in the park twelve hours day
  • Gollum
  • a queen looking to fulfill her [sic] blow job quota
  • a sister
  • a conspiracy queen screaming bloody murder
  • and the anonymous queen with a big blowjob conspiracy

Your concerns seem to be:

  • illicit sexual behavior
  • preferential treatment of homosexuals
  • behavior in the shadows when Gays should be Good and conduct licit behavior in respectable and private venues
  • the image of homosexuals
  • the sleazy fringe
  • sleazy alley romps
  • deviant behavior

As users of this park, gay men have been meeting for sex here for a half century and more. Not everyone can afford a hotel room. I do not argue for their right to continue this use, but the depth of some folk's frustration can be measured by the industrious vandalism by which they made their displeasure known.

To focus on opinions about 'deviant sex' and 'respectable venues' deflects attention from the true problems of property crime and vandalism, trespassing, the disgusting volume and nature of the litter, and freeing this riverine park from its oppressive, foreign phragmites.

Ageist whining about Gollums and Sleazy Bad Gays may make one feel good and righteous, but it misses the actual problems.

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For what it's worth, here is how the Globe writes about activity "shielded from public view:"

Civil rights lawyers say that people engaging in sexual activity outdoors are not breaking the law as long as they are shielding themselves from public view.

“If two consenting adults are out of the view of the public not engaging in drug activity, not assaulting people, I don’t really feel that’s an issue we need to get concerned with,’’ [Superintendent-in-chief Daniel] Linskey said. “My concern is people who are involved in robberies, people who are involved in vandalism, people who are there to harm others.’’

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This comment and the Globe's Sept. 22 OpEd piece (http://www.boston.com/bostonglobe/editorial_opinio...)suggest that sex in the park, however rampant, is legal as long as it's in the tall reeds. The fact is that there's quite a lot of offensive sexual activity in the Fens that occurs in the open, in complete and deliberate disregard of the risk that members of the public could happen upon this activity, and where there's no "expectation of privacy." As to the activity in the reeds, so profuse that it has become an institution, the argument that there is a privacy expectation is feeble at best; the reeds are in the middle of a public park where anyone could happen upon the numerous "pleasure seekers." That the entire area of the reeds (and it's substantial) has been appropriated by this notorious activity makes it all the more likely that there is a risk to the public and militates against any expectation of privacy. How can there be an expectation of privacy when we all know what's going on, all the time, in this area and where the resulting detritus (used condoms, feces, needles) from the merrymakers litters our park? Privacy depends on the circumstances, and they are not favorable in this case. Let's not pretend and gloss over what's really going on here. As a Sept. 10, 2006 Globe article on this issue states: "Basically, everything's here . . . Sex, drugs, robberies, muggings." (see http://www.boston.com/news/local/massachusetts/art...). The City needs to clean up the Fens so that it's safe and can be enjoyed by everyone.

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