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Staff and dancers arrested during police raid on the Atlanta Eagle were found not guilty

Timothy Kincaid

March 15th, 2010

Atlanta EagleOn September 10, 2009, the Atlanta police raided the Atlanta Eagle, a gay bar. They treated the customers like criminals and laughed and made racist and homophobic remarks as patrons lay handcuffed and face down on the floor.

The police were certain that illegal public sex and drugs would be discovered by their raid, thus justifying their heavy-handed approach. But no sex was going on. And although the police searched all of the patrons, they did not find any drugs at all.

So they had to do something. They couldn’t simply acknowledge that their raid was pointless, purposeless, and anti-gay in appearance. Somehow they had to explain why nine undercover officers, a dozen uniformed police, ten squad cars, and three jail vans descended on the 62 patrons enjoying their beer.

A crime, they needed a crime. So they arrested four employee and four dancers for “providing adult entertainment without a permit”. They were dancing in their underwear, you see.

Last Thursday a judge threw that bogus excuse out on its ear. (Journal-Constitution)

An Atlanta judge found three defendants in the Atlanta Eagle gay bar case not guilty Thursday, and the prosecutor agreed to dismiss the charges against the other five defendants.
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Municipal Judge Crystal Gaines said city police failed to produce evidence proving that men danced naked without permits or that the bar operators were running an unlicensed adult establishment.

That isn’t to say that they didn’t try. Det. Bennie E. Bridges testified of the evil deeds done that night.

Bridges said that he heard no slurs and that he saw one of the defendants dancing atop the bar “in bikini underwear.”

“He was pulling down the front of his underwear and exposing himself,” Bridges said. “Men would reach up and put money into the waistband.”

But Bridges couldn’t even identify five of the eight arrested, so their charges were dismissed. And after the judge heard testimony from patrons, dancers, and employees that no one was exposed, the judge decided Mr. Bridges’ statements were not enough.

Judge Gaines said the city had to overcome “all these witnesses” and prove beyond a reasonable doubt that nude dancing happened.

“I don’t believe that the city has met that burden,” she said.

This is a blow to the police force. There is a civil suit brought by the patrons of the Eagle against the police, and a conviction of the employees or dancers would have helped with the defense. And no doubt the officers thought at the time that arresting someone – anyone – would be a good idea. “Criminals” have less credibility when it comes to addressing police excesses.

But in this instance they may have done themselves more harm than good. False arrests only serve to turn public opinion against a police force that can then be seen as abusive. And this decision suggests that the word of the officers in this case, or at least that of Bridges, is not completely credible.

But this is not the only way in which the officers are hurting their own public image.

The Atlanta City Council, meanwhile, has agreed to subpoena 18 officers to answer questions about the raid from the Citizen Review Board. So far, only one officer has complied.

That refusal may be due to the lawsuit, but it certainly doesn’t make them look good.

And in the meanwhile, the suit goes forward (pbaonline)

Attorneys say starting Monday, patrons of the Atlanta Eagle present that September night begin giving depositions to the city attorney’s office. Also this week, the legal team plans to request documents, radio transmissions and other records as part of its discovery process.

While last week’s acquittal of the Eagle employees will not have a direct effect on the civil case, Attorney Dan Grossman says it shows the raid was malicious and illegal.

“It was not about sex,” said Grossman. “It was not about underwear dancing. It was cops who simply wanted to search 70 people for drugs, didn’t have a warrant, didn’t have the right to do it, and did it anyway.”

Oh, yeah. I think it’s time to start thinking about a settlement.

Comments

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Lindoro Almaviva
March 15th, 2010 | LINK

I would not settle. i would take it all the way just to humiliate them

Joe in California
March 15th, 2010 | LINK

This is stuff that happened all the time in the 70′s. This is NOT the 70′s. An example needs to be made of this inept bunch! Settlement? Hmmm Monies from the City to the LGBT community would be in order here. And in addition, compensation for expenses to the injured of the raid.

But after all is done, I doubt very much if there is but a very small group of the police force that is trained in serving and made sensitive to the needs of the LGBT community.

To Protect and Serve !!!
It’s YOUR City dollars!!!

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