BY STEFAN JOHNSON

QUESTION: I was recently arrested in Griffith Park for lewd conduct but I was only cruising and not doing anything sexual. Is there anything I can do?

LAMBDA LEGAL: Whether or not public sexual activity was taking place, you should seek an attorney to defend yourself against the charges. California's lewd conduct statute has been interpreted to require the presence of someone, other than the arresting officer, who will be offended by observing the activity. In Lambda Legal's landmark lawsuit, Lawrence v. Texas, the U.S. Supreme Court struck down all remaining state laws that prohibited private sex between consenting adults in 2003. Yet, to this day, gay men are targeted for discrimination and unequal treatment by law enforcement.

To underscore the continued existence of this nationwide problem, in 2003, on the heels of Lambda Legal's victory in Lawrence, we represented a gay man in Virginia who faced charges of solicitation to commit sodomy after a discussion with an undercover police officer in the men's room of a store in a mall. The officer claimed the man requested an act of sodomy. The men were each in adjacent bathroom stalls with the doors closed. After our client exited the stall, he was taken by two officers to the back of the store, questioned and released. Yet even given the fact that this sort of behavior should be legal after Lawrence, the high court in that state refused to hear the appeal of our client's conviction. While such a conviction is highly unlikely in California, arrests for even legal conduct still occur here.

These arrests and convictions can sometimes come with draconian consequences. Last year in a park outside a small Tennessee town, the local newspaper published the names and addresses of men arrested in a police sting. This article had no other purpose than to attempt to embarrass those involved. Many of the men lost their jobs thanks to the sting and the corresponding article. At least one man tried to kill himself.

Lambda Legal receives dozens of calls each year from men across the country who find themselves in similar circumstances. While public sex is against the law, engaging in flirting, sexual banter, or even inquiring if someone is interested in a private sexual encounter remains legal. Public cruising may not be every-one's idea of how to end a night on the town, but it remains a legal option for many men. To avoid arrest and the potential consequences that can occur, please download Lambda Legal's “Little Black Book” (www.lambdalegal.org) and know your rights. You can also contact Lambda Legal's Help Desk at 866/545-8336 for names of attorneys who may be able to defend you in these situations.