Gareth Kirkby

Cops question men in cars

Police are subjecting men sitting in cars above Wreck Beach to intense scrutiny, according to a witness.

Fraser MacPherson, known to many for his efforts to keep Wreck Beach litter-free, says he has repeatedly seen police question men sitting in automobiles along Old Marine Drive.

"Never in my life have I seen such conduct on the part of police," says MacPherson, 67. "There's a hidden agenda here that smacks of the 1950s oppression of homosexuals."

MacPherson says the UBC division of the RCMP are demanding people's identification and vehicle registration. One officer recently told a man that he felt "uncomfortable" that he was sitting in a car alone, says MacPherson. Another officer told one man that "people should take their friends home."

Says MacPherson: "This is a new phenomenon this year."

A friend of MacPherson reportedly saw five cars in the area recently. And MacPherson witnessed two officers walking through the woods, apparently in an attempt to find gay men engaged in sex.

MacPherson is critical of the RCMP allocating staff to bother the men at a time when the force claims insufficient funds to fight serious crime.

"Heroin can be bought from a pizzeria in Surrey from kids," he says. "I sympathize with what [police] go through. But they're making trouble whre there isn't any."

Most people sitting in their cars are reading, notes MacPherson. "The number of times you encounter anyone [having sex] is minimal."

The police presence at Wreck Beach stems from RCMP Staff Sergeant Lloyd Plante taking over leadership of the UBC detachment some 18 months ago. "We have changed the way we do things," says Plante. "We're not doing anything this year that we didn't do last year."

Plante says police will enforce the law against public sex because members of the public have complained after coming across men having sex on the trail and masturbating in cars.

"The issue is expectancy of privacy," Plante says. Those who remain sufficiently out of public view so that people cannot easily stumble on sex acts are not likely to be arrested.

Gordon Brent Ingram, a Vancouver scholar of "queer space" who has written two books abou the subject, notes that "sex in a car or near a road is still considered 'public' and quite illegal whereas people busted for sex in a private forest nook at a nude beach can argue that they found or created a 'private' space and are above prosecution."

Ingram adds that "to some extent, the police are testing what they can get away with in 1999, in that area near Marine Drive. If the police don't want a riot but want to get a toe hold especially to justify more personnel at Wreck, that would be the easiest place to start."

He notes that many of the men who use the forest above the beach are "of a generation, and class, that typically put up less resistance than groups of naked gay men on the beach below."

Dealing with cops

• Be polite

• You have the right to remain silent. To avoid problems, we suggest giving your name, address and where you're going, if asked;

• You don't have to go anywhere with a police officer unless you are under arrest, or for a breathalyzer test;

• If you are the driver of a car, produce your driver's licence, insurance and ownership cards, and give details of any accident.

If arrested

• Give your correct name;

• Don't resist;

• The Charter Of Rights And Freedoms requires that the police tell you promptly why you are under arrest;

• You have the right to call a lawyer;

• Remember: anything yo usay may be used against you in court -- and probably will.

After arrest:

• Note names, badge numbers, licence numbers, car numbers of police officers and witnesses;

• Write out a complete account of the incident as soon as possible under the heading "For my lawyer only;"

• If you need assistance, or feel you have been treated inappropriately, contact your local gay and lesbian group.

The preceding information is taken from a pamphlet titled Washroom And Park Arrests by the Coalition for Lesbian and Gay Rights in Ontario. The coalition also has two other information sheets available: Young People and Sex, and When "Project Kiddie Porn Ring" Comes To Your Area. You can write to CLGRO at Box 822, Station A, Toronto M5W 1G3, or call (416) 533-6824