
In the spotlight, in the clear
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Victory in the Taboo case
By
Tom Reeves
On January 12th, prosecutors dropped all remaining charges stemming from a May, 2003 raid on the Montreal gay strip club, Taboo (see Stonewall II? and Raid Response
The Guide, August & September 2003). "The
crown decided that indecency charges are a non-issue," a Montreal police spokesman was quoted in the
Montreal Gazette. Seven male strippers and club staff, as well as one customer,
were completely cleared.
"This is a real victory-- and it means gay clubs will not be easily intimidated in the future," says Noël St. Pierre, the attorney representing the defendants.
St. Pierre has filed a complaint with the Police Professional Ethics commission, and is considering a civil suit for damages on behalf of the defendants.
"Police and informers destroyed their notes and then created a second set of notes. They also held about 100 persons under temporary arrest for hours. Police were very sloppy
in handling this case," adds St. Pierre, who has also complained of homophobic behavior by police. During questioning, one police officer was visibly distressed when describing male
anatomy and sexual acts, and another, when asked what contact he'd had with gay men, said he could recognize one when he saw one.
St. Pierre and others believe the dismissal was a direct result of the two December Canadian Supreme Court decisions (see previous article). According to an editor of
Fugues, the Montreal gay monthly, these decisions "redefined the notion of public indecency."
After the raid in 2003, protesters-- including Taboo's new co-owner at the time, Claude Auger, and several dancers-- joined the annual Divers/Cité gay pride march, calling the raid
unjust and the result of homophobic police practices. At the time, police insisted the raid resulted from information that some strippers were underage, but only one such stripper, a month
short of his 18th birthday, was found, and he admitted falsifying his ID.
Some activists believed the police chose Taboo because its dancers were "young looking," thinking gay leaders would shy away from a case involving the "age issue."
Ti Guy Dou, a prominent Quebec showman and long-time impresario at Taboo and other clubs, said the arrest and publicity at the time was "more than terrible for me. It was a real
blow to my heart, both spiritually and physically," resulting in hospitalization for heart trouble.
"The victory is the result of very amateur and anti-gay deception by the police, and the excellent professional work of our attorneys," says Ti Guy Dou, adding that he felt sad for
those among the 34 originally arrested who were convinced to plea bargain, and to pay small fines. "They gave up too soon, and now they will pay the price of having this on their record. We
had a great team of dancers and staff at Taboo-- one of the best. It was our passion, and now we are vindicated," Ti Guy Dou added.
Backroom comeback?
"This is a victory, but it took so long," says Louis Godbout, of the Gay & Lesbian Archives of Quebec, and a leader in the efforts in 2003 to organize the community against the
raid. "The prosecutors knew from the start that it was a bad case. These drawn-out legal cases are like judicial harassment. They ruin the lives of many people. But now, perhaps, people will
be aware of their rights and be better prepared in the future."
Fugues and other gay commentators believe that dropping the Taboo case in light of the Supreme Court decisions may lead some gay clubs to consider re-opening "backrooms"
for sexual activity. Details involving rules for liquor licenses and sex-on-premises still must be worked out.
Strip bars involve another issue, say many observers. Since money is involved between clients and strippers, police could charge prostitution rather than indecency.
"I think we will go slow-- the situation is still unclear," says Claude Auger, still at Taboo. Uniformed police officers "inspected" Taboo the day after the decision came down.
Others are more optimistic. "People from the US, with all their restrictions, will have more reason to come here now," a man involved with straight strip clubs told Ottawa's
"Canadian News."
At the very least, raids like that at Taboo in 2003 and at the Katakombs-- a Montreal gay bar with a backroom-- in 1994, are less likely than before.
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