Policing Desire: In 2024, Leave Shame And Embarrassment Behind as a Tactic and Strategy

At the start of 2024, like every year, resolutions and bold proclamations are being sprinkled throughout daily conversations. From desires to maintain physical fitness to claims dedicated to creating and implementing boundaries, the start of a new year often allows time for reflection, resolution, and growth. January 1st is also a significant day for legislation, as new laws frequently get introduced and implemented. Here is a list of new laws in Georgia that took effect on January 1st, 2024.

Simply, regardless of social status and level, the new year offers an unprecedented opportunity to do things better. To engage in a new way.  In 2024, I implore us to reflect and be dedicated to growth at the micro and macro levels.  One glaring area of growth at the macro level is how cities in the metro-Atlanta area handle the issue of public sex. Last fall was simply the tip of the iceberg. 

The controversy: What happened at Sykes Park? 

Last October, hundreds of users, primarily Black gay men, flocked to X, formerly known as Twitter, to discuss the newest trends and stories of the past 24 hours. One of the major stories at the time was the recent arrest of nearly two dozen men who were participating in consensual acts of public sex; most of these men were charged with public indecency. Responding to a multitude of complaints related to sexual acts in public, the East Point police initiated a crackdown on Sykes Park, which they claimed to be a known location for public sex in the gay community. In one interview, an East Point representative stated “We’ve been setting up surveillance in the area, but also the use of social media and some of the sites that they use for meetups. We’ve been monitoring those as well.”

As if this targeting was not enough, the arrests themselves were not necessarily the most controversial; instead, it was how the East Point Police Department circulated the information. After all, without the news of the arrests being blasted on social media, it is likely this injustice would have remained in the shadows like many other inequities hindering Black queer men. In a now-deleted Facebook post, the police department wrote, “Please say hello” before revealing the names and faces of five Black men who were arrested. While the post featured a sarcastic and ill-fitting jovial tone, it is essential to note that none of these men were convicted at the time, and the police department’s Facebook did not shame or promote the mugshots of others arrested that day.

There is ample research documenting the impact of mugshots on self-esteem and attachment to one’s community. We also know that mugshots have a deeply racist past and directly contribute to the criminalization of Black Americans. Even if one were to be found not guilty, the damage of a mugshot has been felt. It’s like trying to place a band-aid on someone who has passed away from a gunshot wound. The damage is done. Except in this instance, it is a social death instead of a physical one. 

More troubling, sexual-based offenses like public indecency have a laundry list of impacts, as individuals often have to register as sex offenders. This has life-long implications for where one can live, work, and one’s overall ability to be civically engaged in their community.

“Some see sexual deviants, while others view this as an example of a resilient and resourceful queer subculture defeating the powers of heteronormativity. ”

Why do gay men engage in public sex: The Essence and Evolution of Cruising

From the outside, it is easy to assume that these arrests were made to protect the public and to catch lecherous sexual deviants in the gay community. Yet, this is not always the case, and I would encourage individuals to think about this differently- what conditions exist that Black gay men feel the only place they could engage in sexual intercourse is outdoors?

The act of public sex in queer communities is not new and primarily grew out of necessity.  In the 1970s, studies on sex in tea rooms caused massive uproar in sociological circles. In the context of gay culture, especially in past decades when homosexuality was heavily stigmatized or illegal, gay men developed subtle ways to signal interest in "tea rooms" (a euphemism for public restrooms used for sexual encounters). These signals were discreet and varied, including prolonged eye contact, specific foot tapping under the stall divider, or certain hand movements. These non-verbal cues allowed individuals to communicate interest while minimizing the risk of exposure or arrest in an era when gay behavior was often criminalized. These signaling methods were part of a more extensive system of codes and practices developed within the gay community to navigate a hostile social environment safely. Like other cultures, the communicative practices of queer culture are passed down. 

Some see sexual deviants, while others view this as an example of a resilient and resourceful queer subculture defeating the powers of heteronormativity.

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Photo by Joshua Mcknight

Forgotten History of Police Entrapment and Shame as a Policing Tactic

Discrimination and harassment by law enforcement officers towards the queer community are well-documented issues. In turn, law enforcement's approach to cruising and acts of public sex in the gay community has historically been influenced by homophobia, leading to discriminatory and harmful practices. Public sex laws oddly seem to be exclusively applied to queer men. Straight people in Atlanta are rarely arrested for this same issue, and if they are, their mugshots certainly were not circulated on social media.  

LGBT individuals, particularly people of color, youth, and transgender people, have always been vulnerable to profiling, entrapment, and violence by law enforcement.  These practices create an atmosphere of fear and mistrust and impede effective policing in these communities, even if an LGBTQ liaison unit exists.  This is especially true when police officers pretend to be gay and lure men into intercourse and then arrest them; ample anecdotal evidence of this exists.

So what can we do? 

To be clear, the argument here is not that Black queer men have carte blanche to engage in sex whenever, wherever. Instead, it asks us to take a step back and employ a compassionate and human-centered lens to this issue. We simply cannot arrest people to veil the human desires of sexual intercourse and intimacy. This year, we should ask- is this working? This same question is equally, if not more, important on a community level than it is on an individual one. Is this policy working?

I understand the rightful and justified critiques that circulated in October- that public sex can be dangerous and intrude on the consent of those in the park not desiring sex. Even if this is true, do we believe the way to solve the problem of sex in public is to arrest and shame? 

Shame simply does not work. And most people are troubled when they find out the sex offender registry is horrifically flawed and inadequate. So what can we do differently? 

In her new book, From Rage to Reason: Why We Need Sex Crime Laws Based on Facts, Not Fear, author Emily Horowitz provides us a glimpse at a different world. To effectively reform the sex offender registry, especially in public indecency cases, a balanced strategy is needed that prioritizes public safety while facilitating the rehabilitation and reintegration of offenders. The proposed changes focus on assessing the risk levels of offenders to tailor the registry more accurately, removing low-risk individuals, like those who engage in consensual public sex, to enable better resource allocation, and adjusting legal penalties based on the actual threat posed by offenders.