The Long Beach Police Department has messed with the wrong gay.
Rory Moroney is currently fighting charges of lewd conduct and indecent exposure after an undercover officer says he caught the 50-year-old Long Beach resident masturbating inside a public restroom.
The alleged incident happened in October 2014 inside a men’s restroom at Recreation Park. The decoy, a male officer from the Long Beach Police Department’s vice unit, purportedly lured Moroney into the restroom then coaxed him into masturbating only to arrest him as soon as he did.
Related: Gay Man Arrested In Sting Operation In Baton Rouge Due To State’s Refusal To Repeal Anti-Sodomy Law
Moroney has pleaded not guilty. Now, he’s bringing out the big guns to fight the charges, enlisting the counsel of attorney Bruce Nickerson, also known as the Gloria Allred of lewd conduct cases and police sting operations targeting gay men.
Nickerson has successfully argued countless cases against corrupt police departments that have used undercover decoys to lure gay men into lewd conduct sting operations, including one case that went all the way to the California Supreme Court back in 1996.
During a hearing this week, Nickerson called Moroney’s arrest “invalid,” citing the 1979 California case Pryor vs. Municipal Court that determined that lewd conduct can only be considered a crime if the accused was in a public place and was aware that his or her conduct would offend another person who was also present.
Related: Three Elderly Men Caught Circle Jerking In Park During Sting Operation
“If you do an act in a public place and the only person around is the person enjoying it with you, no crime has been committed,” Nickerson argued. “If the person is sending you signals that he likes you, you can’t commit a crime. Police and prosecutors don’t like that, but that’s the law since 1979. That’s why you can’t do those decoy sting operations.”
If Moroney’s case moves forward and he is found guilty, he will have to register for life as a sex offender, a punishment Nickerson calls absolutely “outrageous.”
“To hit a person with a lifetime registration for something as innocuous as someone showing his equipment when no one is around to another man who got signals from the decoy that he was interested is horrendously vicious,” he argued.
Doug Haubert, the city prosecutor, said yesterday that he cannot comment on a pending case.
Related: NYPD Sued Again Over Homophobic Entrapment Stings
h/t: Press Telegram
Matthew Thompson
If your in a bathroom looking for sex your grouse
Steve Bourdeau
while I’m not condoning this behavior I find it interesting that so much time and resources are spent on this type of operation. I guess all the REAL crimes have been solved and there are no longer any murders, muggings, rapes, etc. 😐
Mauricio A. Perez
Are they STILL doing this?!?
Randy Judd
Common practice in most states
DarkZephyr
Why are gay men still looking for sex in bathrooms? The only reason that practice started was because gay sex was a big secret thing once upon a time.
Paco
@DarkZephyr: Maybe they enjoy the smell of old urine and urinal cakes or the guy in the next stall explosively relieving himself of his lunch from the local Indian restaurant.
I can’t believe cops are still entrapping gay men in public restrooms.
Spike
That Long Beach PD car . . . is a Long Beach, NY PD car, not Long Beach, California. Did anyone at Queerty even read the post before they did a google image search?
esemple
A clear case of entrapment.
Aromaeus
I hope when I’m 50 I have a husband to show my equipment to.
Merv
People should be outraged by this. The man did nothing illegal. As it said in the article, the behavior has to be unwelcome in order to be illegal. The cop signaled that it was welcome. Can you imagine if they tried this with straight people? Of course they never would because of the outrage it would generate. Clear entrapment and clearly discriminatory.
James Greenhill
So what is new?
Brian
I don’t agree with entrapment but the man should not have been masturbating if indeed that is what he did. Toilets are not for masturbating in. I don’t want to see cum in the toilet bowl or on the toilet seat when I visit for a pee.
If you need to masturbate, do it somewhere private. A public toilet is not your domain to do as you please. Get some morals…if you can find them.
corey
Nothing new, cops have been doing this since there have been cops
Scott McIntosh
haven’t the LBPD got anything better to do with their time?
Billy Budd
The man was not doing anything immoral. It was consensual. The evil ones are the police, who are still living in the 19th century, trying to arrest as many gays as possible. Don’t they have something more important to do? They should be arresting the REAL criminals, not us.
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1EqualityUSA
Different strokes for different folks.
CivicMinded
@Matthew Thompson:
Grouse, noun
a medium to large game bird with a plump body and feathered legs, the male being larger and more conspicuously colored than the female
Are you saying that people searching for sex in public restrooms are fowl?
NoCagada
@Matthew Thompson:
grouse1
?rous/
noun
a medium to large game bird with a plump body and feathered legs, the male being larger and more conspicuously colored than the female
girldownunder
@Steve Bourdeau: murderers, muggers, & rapists are dangerous…MUCH safer to try entrap a gay guy in a restroom…
bottom250
Stupid cops leave us be to enjoy the pleasure and company of men and go after criminals. This makes me so upset it brings me to tears.
paul dorian lord fredine
@Matthew Thompson: grouse is a bird, you moron.
Stache
@DarkZephyr: I knew a guy that couldn’t enjoy sex without the thrill of possibly getting caught. Good looking guy too. I tried to get him to come to my place but he insisted we do in his favorite place which was the JC Pennies bathroom.
DuMaurier
@bottom250: You may be a little too emotional over this. I haven’t used a public bathroom for anything but numbers 1 & 2 since my hard-partying 20’s, but I do remember that the reckless naughtiness and risk was part of the fun. Cops provide the risk.
bobnla
A public bathroom is not a place to masturbate. Moroney gets the ‘STUPID’ award. Needless to say, the accusation so consistent with the sentiment today arises calling the police “corrupt”…really?? Moral of the incident; PLEASE DON’T MASTURBATE IN A PUBLIC BATHROOM”
bottom250
@DuMaurier: I am sorry sweetheart but the police should be protected us from criminals not hurting men that want to be with men. I am an emotional queen i’ll give you that.
Sweetie Pie
Good…public restrooms are not places for sexual activity whethe hetero o homo, consensual or not, neither are parks, beaches, parking lots and so forth. Having sex in a public space is not a right.
scotshot
@Brian:you’re grossed out by semen in a public bathroom? I guess you’re one of those you get turned on by the sight of other’s shit and piss, amazing you’re not whipping it out right then and there.
da90027
What’s the difference between George Michael and a Microwave Oven? When you open the door on a microwave it stops!
martinbakman
If luvin’ Rory in the bathroom is wrong, I don’t want to be right.
https://www.youtube.com/watch?v=s-AH-y06haY
GayEGO
Rory was lured into the bathroom by a cop who evidently is in the closet as he wants to see Rory masturbating. The cop feels guilty and then arrests Rory.
rickhfx
Entrapment plain and simple. Those hot cops looking to shoot, with their flesh gun.
The Tower of Power
@Merv: No, it does not have to be welcome for it to be illegal. Lewd conduct is sexual activity in a public place, whether it is welcomed or not.
You can be arrested for having sex on your own lawn believe it or not.
My question is what do guys find so thrilling about sex in washrooms? The smell of urine, the smell of poo-poo, or the sound of flushing toilets?
Mack
@Steve Bourdeau: It’s an easy way to boost arrests and conviction rates for the Police Department.
Merv
@bobnla: The police are corrupt because HE DID NOTHING ILLEGAL! Did you miss that part. Showing your junk to someone is illegal only if it is unwelcome by the person witnessing it. The only person who witnessed it was a cop who was encouraging it. Therefore, not illegal. Are you OK with cops arresting people for doing things that are not illegal? How about if the cops got an attractive female officer to try to troll the men’s restrooms and try to get men to show their junk? I’m sure a very large percentage would comply.
@The Tower of Power: That’s a common misconception. At least in California, there is no strict prohibition on sex in public places. This site explains it:
“In and of itself, sexual activity… even in a public place… is not a crime. It only rises to the level of ‘lewd conduct’ when you know… or you reasonably should know… that there is likely to be someone present or watching who would be offended by your conduct.”
http://www.shouselaw.com/engage-lewd-conduct.html
dinard38
Really? Who in the hell is still having sex in public bathrooms? I always thought that was just nasty, and dangerous to be having sex in public. So if you play with fire….well…
Hopefully this guy wins this case. If he’s convicted, he’ll have to register as a sex offender for LIFE?? This is utterly ridiculous!
bottom250
@dinard38:Ohhh sweetheart so innocent a lot of men are having sex in washrooms and parks.
dinard38
@bottom250: Me innocent? Hee hee. That’s adorable.
I’m fully aware that men are still having sex in public. I’m just saying that has NEVER been my thing. I don’t get off on the thrill of possibly getting caught and having my face plastered on the 11:00 news as some deviant.
If someone wants to take that risk, then don’t whine if you get caught and thrown in jail.
Sansacro
A cop luring someone into sex and then arresting him is what pisses me off. I would definitely be susceptible to such bait; no apologies. Entrapment pure and simple.
Damianvargas
I agree that the police really do have better stuff to do than this BUT, seriously, if you get hit on in public, just take it home or to a hotel or someplace where OTHER PEOPLE aren’t going to walk in at any moment. Just because you’re the only two in their at that moment, doesn’t mean it’s going to stay that way. IT IS A PUBLIC PLACE. We don’t live in a porn movie. I’m not going to find it hot if I walk into a restroom and see two guys getting off (hot or otherwise).
This a simple case of just because you can doesn’t mean you should.
Damianvargas
@Damianvargas: fuch not being able to edit. The incorrect “their” will haunt my nightmares for the rest of my life. Lol
bottom250
@dinard38: Honey, I have never been caught but I have made many a man very happy.
He BGB
I feel like I just stepped into 1980. I won’t judge though. Get it where you can and be discreet. Tacky when the vice cops do this. There are so many other crimes that take higher priority. Wonder if they ask for this detail to have a fun job. Because it doesn’t sound very dangerous. The cop may break a nail or drop his pearls but still.
Periwinkle
@Stache: well, George Michael did say it best…
https://www.youtube.com/watch?v=gwZAYdHcDtU
(remember moral fappers… wait until the end)
Stache
@Periwinkle: Ha. I love that video. Speaking of sex I hooked up with the two guys in the dump truck in the video a few times. They were fun! Damn. Can’t believe that was 16 years ago. Too bad I didn’t get a crack at Mr Michaels too.
scotshot
People act as if it’s only gays that have public sex.
dutchman67
@Matthew Thompson: …Where did you learn English? In Thailand?
Daniel-Reader
Must be strange for undercover officers to have to show up in court (since people have a right to face their accuser in America), have their pictures taken by the aggrieved’s family, friends, and media, and never be able to be an undercover again with their name as part of the court proceedings and discovery process on whether such entrapment is habitual.
bottom250
@scotshot: Never see straight people engaging in sex in washrooms and parks when cruising
scotshot
@bottom250: Over 50% of heterosexuals have had public sex. As Kangol noted above some of the places are club bathrooms, the mile high club (airplanes), outside and their favorite place: automobiles, which is where many of the populace is conceived. I’ve never seen a female cruising a park or bathroom, but have heard reports of couples using public bathrooms outside and in.
Maybe you never saw a straight couple have sex in a park bathroom yourself because your mouth was full and you were concentrating on business at hand.
blondeboyz
@Matthew Thompson: Instead of “If your in a bathroom looking for sex your grouse” let’s try If YOU’RE in a bathroom looking for sex, YOU’RE GROSS”. Proper grammar makes more sense. Doesn’t it?
BritAus
@Matthew Thompson:
If YOU’RE so high and mighty and full of judgement, why don’t you at least get an education in spelling and grammer.
And I doubt very much YOUR conscience is 100% clear.
BritAus
@bottom250:
If all washrooms were unisex then it would happen. Straight people have sex in the public bathrooms of bars and clubs and also have sex in parks as well. Just because you don’t see it, doesn’t mean it doesn’t happen.
Kangol
@CivicMinded: Great reply, though I think the sex-negative one meant “gross.”
Entrapping and harassing men in public bathrooms is something the cops should have stopped doing a long time ago. Don’t they have enough challenges with all the heroin and meth addicts, rapes, robberies, etc., that are occurring all the time? Do they really need to waste even a SECOND bothering consensual adults in public bathrooms?
Talk about misplaced priorities and a waste of taxpayer resources!
Kangol
@BritAus: Straight people BRAG about having sex in bathrooms on planes, bars, you name it. When they can get away with it they do. I don’t think I’ve ever heard of cops arresting either member of a straight sex duo in a public restroom unless it involved rape. Yet they are still harassing men who consensually have sex with other of-age men in public restrooms.
bottom250
@BritAus: Ohhh honey not where the fabulous gay men are. I don’t even want to think of icky women having sex.
bottom250
@scotshot: Yes sweetheart I would have been on my hands and knees serving men like the Queen I am.
scotshot
@bottom250: I knew it! I’ve been in that position myself. ; )
bottom250
@scotshot: Ohhh my God I love it. I am one proud bottom
pscheck2
It’s interesting that many of these hunks are coy about their sexuality, and go through a period of denial and then come out (and proud!). In some cases, I can understand their reluctance but in all too many they like to play the guessing game (ergo:coy) and titillate us that they are ‘friends of Dorothy!’For those, I would suggest they say nothing nor titillate us with their coyness and let their actions speak for themselves.
Johnathan
@Matthew Thompson: You spelled GROSS wrong. It is a fetish thing. Not gross at all. Just because your a prude, don’t hate & judge.,
Johnathan
BRAVO for these guys standing up to the police! Don’t the police department have more important things to be doing? Entrapment is so wrong in the first place. Especially if no money I being exchanged &!its between to consenting adults! Give me a break. Police enjoy doing it, they get their jolly’ shut don’t get in trouble,such a sick system.
Johnathan
@BritAus: No one is ashamed of pubic sex Pollyanna Prude.
Johnathan
BritAus that was meant for Mathew Thompson sorry 🙁