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NEWS — Ferndale police urged to enforce public nudity laws at homosexual festival

May 29, 2008

FOR IMMEDIATE RELEASE: Thurs., May 29, 2008
CONTACT: Gary Glenn 989-835-7978

Family group urges Ferndale police to enforce public
nudity, indecency laws at homosexual “pride” festival

Ferndale “transgender” activist: “I’ve been approached many
times by people concerned about public nudity at PrideFest.”

Ferndale businesswoman: young children were exposed to
“shocking” nudity, “lewd behavior” at last year’s Pride event

FERNDALE, Mich. — A statewide family values organization is urging Ferndale police to assure the public it will effectively enforce state laws prohibiting public nudity and indecency during Motor City Pride, a homosexual street festival scheduled in the city this Sunday, citing concerns about such behavior at the event in past years published in a Ferndale “transgender” activist’s daily e-mail newsletter.

The American Family Association of Michigan Thursday alerted Ferndale Police Chief Michael P. Kitchen to comments published in “Ferndale Friends,” a daily e-newsletter issued by Stephanie Loveless, a 47 year old Ferndale man formerly named Thomas Ness, a Green Party candidate for Congress in 2000, who now dresses as a woman.
http://www.transgenderdetroit.org/?page_id=6

“On behalf of children whose parents may exercise the poor judgment of taking them to such an event,” AFA-Michigan President Gary Glenn wrote, “we urge you to alert police officers responsible for policing the event to these locally published accounts of public nudity and indecency at past Motor City Pride festivals, remind them of state laws strictly prohibiting such activity in public, and instruct them to faithfully and fully enforce state laws regarding public nudity and indecency and child sexually abusive activity.”

Glenn cited accounts published by Loveless in his May 8th newsletter, in which Loveless wrote that he had “been approached many times by people concerned about public nudity at PrideFest.”

“Most recently, members of the (gay-lesbian-bisexual-transgender community talked to me about it,” Loveless wrote. “As gays and lesbians, they are certainly very much in favor of Pride-Fest, but they’re not happy about seeing exposed buttocks, etc. I agree completely. I’m not exactly a prude, by any means, but I feel our downtown district must always be kept family-friendly… What do you think? …Have you also been offended by public nudity at Pride-Fest?”

The next day, Loveless published several responses, including comments by Ferndale insurance agent Robin J. Wojta, who said she and her young children were exposed to public nudity and indecency during last year’s event.”

“I am not a prude in any way…but I have to say, that some of the ‘stuff’ I saw at this community event was shocking!” Wojta wrote. “Totally not family friendly! My mistake was having my husband bring our 12 and 13 year old daughters to hang out with me for awhile. I had a lot of explaining to do! There were many inappropriate displays of dress (or non-dress as the case may be), lewd behavior and general disrespect for the Ferndale community. …I will not be participating in this year’s Pride Fest because of the inappropriate behavior at last year’s event.”

Glenn noted state laws prohibiting erotic nudity and indecency in public, particularly in front of children:
“A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.” Violation of the statute is punishable “by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.” http://www.legislature.mi.gov/(S(qfo25luhlavlne55zuhdcr55))/mileg.as…

Michigan Penal Code 750.145 (c)(1)(j) defines “child sexually abusive activity” to include “passive sexual involvement” — “an act, real or simulated, that exposes another person to or draws another person’s attention to an act of sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, sexual excitement, or erotic nudity because of viewing any of these acts or because of the proximity of the act to that person, for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved.” http://www.legislature.mi.gov/(S(jxqazl55qat44h45…

Glenn cited media reports of public sex acts and nudity during homosexual street festivals in Toronto and San Francisco in which police reportedly failed to enforce laws against such behavior in public. He included as an example a YouTube video of a lesbian couple simulating a sex act on the trunk of a Toronto police car. http://www.youtube.com/watch?v=0u3kw2b1-M8

“We hope that the Ferndale Police will take a different approach this Sunday, despite published accounts by a local ‘transgender’ activist supportive of the event, including eyewitness commentary by a local Ferndale business person, which indicate that your department has failed to effectively police public nudity and indecency during past Motor City Pride events,” Glenn wrote Kitchen.

“Please issue a public statement assuring the public that your department will in fact this Sunday be faithfully enforcing state laws against public nudity, public indecency, and child sexually abusive activity, including laws against allowing children to witness public nudity or real or simulated sex acts on the streets of Ferndale,” he wrote.

“Or, if you do not intend to do so, or are not confident that you can effectively do so, please issue a public statement warning the public that if they attend, they and their children may be exposed to illegal acts of public nudity, indecency, and sexual activity on the streets of Ferndale.”

# # #

To read the full text of Glenn’s e-mail to Chief Kitchens, including full text at the end of comments published by Stephanie Loveless in his e-mail newsletter “Ferndale Friends”, click on more.

May 29, 2008

Chief of Police Michael P. Kitchen
Ferndale Police Department
Ferndale, Michigan

Dear Chief Kitchen:

Stephanie Loveless, a local “transgender” activist in Ferndale, has for years published a print and/or online newsletter called “Ferndale Friends.”
http://www.transgenderdetroit.org/?page_id=6
http://www.ferndalefriends.com/index.php?about

In two issues this month of Ferndale Friends, Loveless published the following information regarding public displays of nudity and indecency at the annual homosexual Motor City Pride street festival scheduled again this Sunday on the streets of Ferndale.

Loveless wrote: “I’ve been approached many times by people concerned about public nudity at PrideFest. Most recently, members of the glbt community talked to me about it. As gays and lesbians, they are certainly very much in favor of Pride-Fest….but they’re not happy about seeing exposed buttocks, etc. i agree completely. i’m not exactly a prude, by any means, but i feel our downtown district must always be kept family-friendly (just as i do with Ferndale Friends). What do you think? We’re looking for feedback from others. Have you also been offended by public nudity at Pride-Fest?”

Included in reader responses Loveless published the following day, one Ferndale businesswoman and exhibitor at last year’s Motor City Pride event reported that the public nudity and indecency was sufficiently pervasive and offensive — including in front of her minor children — that she will not rent a booth at this year’s festival.

Ferndale insurance agent Robin Wojta wrote: “I am not a prude in any way, as you well know, but I have to say, that some of the ‘stuff’ I saw at this community event was shocking! Totally not family friendly! My mistake was having my husband bring our 12 & 13 year old daughters to hang out with me for a while. I had a lot of explaining to do! There were many inappropriate displays of dress (or non-dress as the case may be), lewd behavior and general disrespect for the Ferndale community. …I will not be participating in this years Pride Fest because of the inappropriate behavior at last years event.”

(See full passages from the Loveless e-mail newsletter at the bottom of this message.)

Chief, as you know, Michigan state law provides that:

“A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.” Violation of the statute is punishable “by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.” If the public indecency includes “fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, …the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.” http://www.legislature.mi.gov/(S(qfo25luhlavlne55zuhdcr5…

In anticipation of arguments by homosexual activists that such behavior is an integral part of the “gay” culture and that festival attendees have a “right” to express their sexual identity through acts of public nudity and indecency, as routinely occurs at homosexual street events nationwide, we note that the Michigan Court of Appeals in 2005 unanimously ruled that Michigan’s state indecent exposure law does not infringe on any individual’s First Amendment right to “expressive activity.”

Michigan Court of Appeals: “Public indecency statutes such as the one before us reflect moral disapproval of people appearing in the nude among strangers in public places. …This and other public indecency statutes were designed to protect morals and public order. …Public nudity is the evil the State seeks to prevent, whether or not it is combined with expressive activity. Similarly, the ‘perceived evil’ that Michigan seeks to address through its indecent exposure statute is not the communication of some message associated with indecent exposure; it is the indecent exposure itself. …Thus, Michigan’s indecent exposure statute does not prevent the conveyance of any message. It merely requires that messages must be conveyed within minimal bounds of proscribed conduct having nothing to do with expression.” http://courtofappeals.mijud.net/DO…

Michigan law provides more serious penalties for causing a child to witness “erotic nudity” or other acts of public indecency.

Michigan Penal Code 750.145 (c)(1)(j) defines “child sexually abusive activity” to include “passive sexual involvement” — “an act, real or simulated, that exposes another person to or draws another person’s attention to an act of sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, sexual excitement, or erotic nudity because of viewing any of these acts or because of the proximity of the act to that person, for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved.” http://www.legislature.mi.gov/(S(jxqazl55qat44h45hn1pvd45))/mileg.aspx?page…

On behalf of children whose parents may exercise the poor judgment of taking them to such an event, we urge you to alert police officers responsible for policing the event to these locally published accounts of public nudity and indecency at past Motor City Pride festivals, remind them of state laws strictly prohibiting such activity, and instruct them to faithfully and fully enforce state laws regarding public nudity and indecency and child sexually abusive activity.

Obviously, an appeal to prevent public displays of nudity and real or simulated sex acts on a public street in front of children should be unnecessary anywhere in America. Sadly, however, the routine occurrence of such behavior in homosexual street festivals nationwide — including in Ferndale, according to accounts published by a local “transgender” activist — make clear that such an appeal is necessary.

For example, here is a video taped at last year’s homosexual street festival in Toronto, showing two females engaging in a simulated act of oral sex on the trunk of a Toronto city police car: http://www.youtube.com/watch?v=0u3kw2b1-M8

Following that event, Toronto Sun columnist Michael Coren noted the Toronto police department’s “failure to arrest people over the years who take off their clothes during the Pride march.” http://www.torontosun.com/News/Columnists/Coren_Michael/2007/06/30/4302627.html

“There is ample photographic evidence of the nudity and of (police) officers standing by, grinning and doing nothing,” Coren wrote. “…One wonders why the law does not apply to all when it is broken. Which bring us to question of whether it is abusive to take a small child to a parade where a significant minority of people are semi-naked, simulate sexual activity, bump and grind and even whip each other for some bizarre form of titillation. There were many parents who took their small children to Gay Pride. Yet if, for example, a parent sat a five or six-year-old down in front of a television and showed a DVD of people pretending to have sex and taking their clothes off, would we regard them as loving and responsible moms and dads or would we call the Children’s Aid Society?”

Fox News Channel’s Hannity and Combes last June reported a video documenting similarly illegal public nudity and indecency during San Francisco’s homosexual Folsom Street Fair, which liberal co-host Alan Combes described as “nothing short of pornographic,” saying “you actually see young children witnessing lewd behavior.” According to the report, San Francisco police not only did not enforce state laws against public nudity and indecency, but had a booth at the event to recruit new officers. http://www.youtube.com/watch?v=s4COZPftK6s

We hope that the Ferndale Police will take a different approach this Sunday, despite published accounts by a local “transgender” activist supportive of the event, including eyewitness commentary by a local Ferndale business person, which indicate that your department has failed to effectively police public nudity and indecency during past Motor City Pride events.

Please issue a public statement assuring the public that your department will in fact this Sunday be faithfully enforcing state laws against public nudity, public indecency, and child sexually abusive activity, including laws against allowing children to witness public nudity or real or simulated sex acts on the streets of Ferndale.

Or, if you do not intend to do so, or are not confident that you can do so effectively, please issue a public statement warning the public that if they attend, they and their children may be exposed to illegal acts of public nudity, indecency, and sexual activity on the streets of Ferndale.

Thanks for your consideration.

Respectfully,

Gary Glenn, President
American Family Association of Michigan

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