Editor’s note: San Diego Gay & Lesbian News has read almost a dozen court documents relating to an undercover sex sting conducted by the Palm Springs Police Department. The identities of the men who were arrested are being protected while the cases are still pending in court.

PALM SPRINGS – E.V. was walking home from a birthday party on June 14, 2009, crossing through the Warm Sands gay enclave, when his life would suddenly be turned upside down.

As he crossed a small, isolated parking lot outside one of the gay resorts, he noticed an attractive younger man standing behind some bushes and the man appeared to be masturbating.

Little did E.V. know that the hunky guy who was flirting with him was a Palm Springs police decoy, part of a sting operation out to catch men who have sex in public with other men.

The well-built decoy, wearing tight jeans and a tank top, smiled at E.V. and stared at his crotch.

“Show me what you got,” the decoy urged, as he rubbed his groin and thighs through his jeans.

“Come on,” he pleaded, “show me what you got.”

Nearby, in an unmarked police car, officers were videotaping the entire incident. In another unmarked car, still more officers were waiting for the decoy’s code phrase, so they could make an arrest.

E.V. was one of 24 men arrested by Palm Springs police during stings conducted in June and July of 2009. Some were gay, some were married with children; but all found their lives turned into disarray following their arrests.

In one of the 24 cases, a middle-aged man resisted the offers of the hunky decoy for 20 minutes before he was finally persuaded to show his stuff.

And that’s all it took.

The decoy said, “Uncle Willy would like that,” and four police officers leapt from their vehicle and conducted the arrest.

All 24 men were charged with violations of Penal Code sections 314 and 647(a).

According to the defense, the Riverside County District Attorney’s Office will only accept a guilty plea from the defendants, and even then, only to a 314 violation with its sex offender designation.

Herein lies a huge issue that is being alleged in court documents. More on that in a moment.

What is the difference between the 314 and 647(a) misdemeanors?

Penal Code section 314 - California's "indecent exposure" law - has remained virtually unchanged since its enactment in 1872, despite the fact that community moral standards have changed drastically in the 138 years that have passed since that enactment.

This law prohibits publicly "exposing" a person’s naked body or genitals with lewd intent. Typically, a conviction of "simple" misdemeanor indecent exposure under this code brings a sentence of up to six months in a county jail, a maximum fine of $1,000 and a lifetime requirement to register as a sex offender, pursuant to Penal Code 290.

Section 647(a) defines "lewd conduct" as the touching or displaying of the genitals, buttocks or female breasts with the intent of achieving sexual arousal or gratification. These acts are deemed illegal under this code when done in a lewd or lascivious manner in a public place - where a third party may be offended by its viewing. Unless there are overriding circumstances, a 647(a) conviction typically does not come with a sex offender designation.

The sex offender designation, however, can cause dire consequences for a lifetime. Those convicted have trouble keeping or finding jobs and homes, and those with green cards are usually deported.

Major allegations are being raised

The Riverside County Public Defender’s Office thinks something smells fishy about this undercover sting. As a result, court documents show that the defense is making some serious allegations:

 The Palm Springs Police Department (PSPD) exclusively targeted gay men in undercover sex stings.

 Heterosexual couples get a free pass on public sex in Palm Springs and throughout Riverside County.

 A backroom deal was struck with the Riverside County District Attorney’s Office to force those arrested in the sting operations to plead to a harsher charge, requiring lifetime registration as a sex offender.

These contentions are being raised in a Riverside County discrimination motion going before a Superior Court judge in Indio on June 14.

On May 4, Deputy Public Defender Roger Tansey, who is the attorney for the defendants, and Public Defender Gary Windom, filed numerous documents related to this case.

Tansey told SDGLN in an exclusive interview that he believes this case is about “homophobia” and that the Palm Springs police are out to “get the gay guys.”

Should this be proven in court, it could have a damaging effect on tourism in Palm Springs and put a damper on the “live, let live” attitude that is embraced by the Warm Sands community.

Background on Warm Sands

Palm Springs is called a gay Mecca because the city now has the highest per capita ratio of gay residents in the U.S., surpassing even San Francisco, San Diego and Fort Lauderdale.

For the past decade or so, the LGBT population has swelled in the region with estimates varying from 33 percent to 55 percent. With growing numbers of LGBT residents, comes political clout; the former Republican-dominated government has been swept out and Palm Springs now has an openly gay mayor and a City Council with a majority of gay and lesbian members. Many businesses and services in town are gay-owned and operated.

On the western side of Palm Springs is Warm Sands, a secluded enclave of resort hotels that largely cater to gay clients. It is home, for example, to The Hacienda at Warm Springs, rated by Out & About as one of the “Top 10 North American Gay Guesthouses,” and to INNdulge Palm Springs, another award-winning gay hotel.

And it was here, in the heart of Palm Springs’ popular gay resorts, that the sting operation was planned for June and July 2009.

Coming soon

Part 2 will look further at the legal case being built.

Ken Williams is the Editor in Chief of SDGLN. He can be reached at (877) 727-5446, ext 712 or by email at ken@sdgln.com.