Sheriff Claims He Didn't Know Anti-Sodomy Laws Weren't Valid Anymore

[William769]

To understand the whole story, read this thread first, http://www.democraticunderground.com/10023361110


The U.S. Supreme Court invalidated anti-sodomy laws in 2003 but this sheriff says he didn't get the memo.

The East Baton Rouge sheriff who used Louisiana's defunct anti-sodomy law to arrest a dozen gay men since 2011 now says he didn't know the law was invalidated by the Supreme Court.

"To our knowledge, the Sheriff’s office was never contacted or told that the law was not enforceable or prosecutable," a statement from the Sheriff's Office claims. It was issued Sunday after The Advocate newspaper in Louisiana exposed the illegal undercover sting operation.

That explanation doesn't appear to satisfy Metro Councilman John Delgado.

“Does he know that slavery is no longer around?” an outraged Delgado told The Advocate newspaper in Louisiana. “Does he know that we have cars and no longer horse and buggies?”

The newspaper now reports that Delgado is demanding apologies be issued to the 12 men who were arrested, one as recent as this month.

As many judges will say and I'm sure you yourself have used "ignorance is no excuse for the law". You are either really fucking stupid or a liar, but I'll just assume your both.

[niyad]

1. really? it was in all the papers back then. but, I guess one would have to be literate.

[CreekDog]

14. since he doesn't know which laws he can legally enforce, he should resign

clearly should be in a line of work he's qualified for. "Sheriff" clearly isn't one.

[kestrel91316]

16. He was probably christian home "schooled" and as such never pays any attention to the news

or reads anything other than the bible and the Jackboot Thug Instruction Manual his employers gave him.

[Shrike47]

2. He never wondered why the DA wouldn't prosecute?

[PoliticAverse]

3. Ignorance of the law = law$uit$... n/t

[William769]

4. I hope so.

[Xipe Totec]

5. Ignorance of the law is... something... something... something.

I can't remember what.

[cecilfirefox]

6. What article did you get this from? Link it, it's new material. nt

[William769]

8. It is linked in my OP.

[Dr. Strange]

17. Here:

http://www.advocate.com/crime/2013/07/29/sheriff-claims-he-didnt-know-anti-sodomy-laws-werent-valid-anymore

[Sheepshank]

7. The homophobe finds a pet project

and I'm pretty sure there was real criminal activity that was missed, set aside, or deliberately ignored while taking the time to implement his pet project.

[NutmegYankee]

9. He's just saying that to cover his ass.

Because if he had said otherwise he could be sued for false arrest.

[jeff47]

21. Except it doesn't cover his ass.

"Ignorance of the law is no excuse" applies to him too.

And with the DA refusing to prosecute, it looks extremely unlikely that he really didn't know.

[NutmegYankee]

22. I long ago stopped believing the law applied equally to cops. nt

[nomorenomore08]

23. Obviously it doesn't. Cops get away with murder/manslaughter all the time.

But we can still hope there might be some form of repercussions in this case.

[Douglas Carpenter]

10. maybe his news carrier was sick that day

[Gothmog]

11. This sheriff will find out during the litigation process

Ignorance of the law is no defense when you are the sheriff

[William769]

12. Yep.

[Gothmog]

24. The sheriff had to back down

The idiot sheriff had to apologize http://www.nytimes.com/2013/07/30/us/after-arrests-on-charges-of-sodomy-an-apology.html?_r=2&

A Louisiana sheriff has apologized for the arrests of as many as a dozen or more men in recent years on charges that they violated an anti-sodomy statute that has been ruled unconstitutional by the United States Supreme Court. ...

On Monday, Sheriff Sid J. Gautreaux III issued a statement apologizing “to anyone that was unintentionally harmed or offended by the actions of our investigations.” The sheriff said that he had instructed his employees to no longer use “this unconstitutional law,” and that he was conducting “a comprehensive evaluation of undercover operations made by our deputies and will make changes to ensure better supervision, training and guidance.”

This is a weak apology

[Lee-Lee]

13. So not just the Sheriff, but all his deputies?

Because the Sheriff isn't out personally doing the arrests.

Yeah, he just got busted and is trying to weasel out of it. I could see an elected sheriff not keeping up, but not all his deputies too- plus the prosecutors.

[Nevernose]

20. He's responsible for their actions

Especially in this particular context. It wasn't just a random traffic stop gone horribly wrong, it was an elaborate sting operation, presumably involving multiple officers, planning, and departmental approval.

[Savannahmann]

15. Now this sounds like a good case for a Civil Rights linvestigation

Using laws struck down by the Supreme Court to persecute a select group of citizens is the definition of Civil Rights Violations. 12 incidents means that the criminal activity is systemic, and that calls for a Justice Department Investigation in big thirty foot tall glowing letters of neon.

[msanthrope]

18. Sure. That's a credible excuse. nt

[Blue_Tires]

19. Why isn't he a "former" sheriff? Isn't this grounds for firing?