[This blog entry is one of 5 dealing with legal issues facing men who cruise for sex. Attorney's John Duran and Mark Foster who have a history of defending cruisers responded to a series of questions from Cruising for Sex in preparation for this blog. Additionally, Foster is moderating a forum to field questions on this topic. Follow this link to the forum: http://web.cruisingforsex.com/bb/forumdisplay.php?s=&forumid=167.]

Cruising for Sex: Yesterday we asked about our rights to be in a public park. Today, we ask a similar question about a rest area or public toilet.

John Duran and Mark Foster: Same response, to the extent that one public place is the same as another public place. However, given the nature of a rest area or public toilet, it is easier for the police to establish “reasonable suspicion.” Some police reports even have preprinted, “boilerplate” reasonable suspicion/probable cause allegations — sometimes pages long — as to more notorious cruising areas: “Blah Blah State Beach is well known as a cruising area for homosexual men. It is advertised online on sites including, etc. etc.”

The good news if you are not caught with your pants down or otherwise sexually engaged., the most the police have on you is a possible loitering charge. If you are accosted by a police officer in an enclosed area, such as a restroom, try to take it outside as soon as possible. There are potential witnesses there. You are not usually going to engage other strangers in lengthy conversation in a restroom, so try not to do so with a cop.

Always keep your goal of polite disengagement front and center in your mind. Under no circumstances should you admit to illegal or even suspicious behavior. You will not be able to explain or plead your way out of an investigation or being charged with a crime. We have doctors and teachers plead with police officers regarding the effect of an arrest on their careers. The result, invariably, is to assure prompt reporting by the police to the licensing organizations.

Cruising for Sex: Shifting to non-public places, what rights do people have to be in a shopping mall? What authority does a security guard have in making demands of a person in a mall, either in the walkways or in a restroom?

John Duran and Mark Foster: Again, the reasonable suspicion standard applies. For cruisers, this is most likely an issue in a cruisy area located in a mall. There is no real distinction, even though a mall, or delineated areas of a mall, are generally considered non-public areas, but rather private areas with business invitees. As long as you are shopping, everything is fine. In general, store detectives and security guards have no more power to enforce the law than other private persons. They are employed for shoplifting concerns. Stores and malls will often contact local law enforcement to enforce loitering or lewd conduct laws.

Store detectives and security guards have limited detention rights. Some are frustrated wannabe cops, some are decent people doing their job, others are sociopaths. Do not talk with them. If they attempt to detain you, ask them simply the basis for this detention. It needs to be something like suspicion of shoplifting or a crime committed in their presence. Their investigative powers are circumscribed. Never agree to anything, including a search. Tell them you have committed no crime and are leaving. Do so, but if physically restrained, do not struggle or fight back. Call your lawyers. Sue the store or mall for wrongful imprisonment, emotional distress, etc.

Legal Issues Series:
Part 1 The Right to Be In a Public Park
Part 2 Your Rights In a Rest Area, Public Toilet, or Mall
Part 3 Your Rights When Encountering a Police Officer, Security Guard
Part 4 What Is Entrapment? How Not to Become a Victim To It
Part 5 Your Rights to Have Sex in Video Arcades and Theatres

CONTACT INFO FOR DURAN AND FOSTER:

Duran & Thomas, LLP
9200 Sunset Blvd., Penthouse 2
Los Angeles, CA 90069
(310) 276-5297
JDuran@DuranandThomas.com

Duran & Thomas, LLP
777 East Tahquitz Canyon Way, Suite Suite 200-58
Palm Springs, CA 92262
(760) 864-1400
MFoster@DuranandThomas.com