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Police Officers Sue Over Antigay Harassment

In an unfolding legal drama, three Roseville, Calif. officers allege they bore the brunt of homophobic jokes for years and have faced retaliation in the department because of their sexual orientation – whether real or perceived.


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If the allegations in a sexual orientation discrimination lawsuit against a Northern California police department are true, even the numerical code for a police station security gate had antigay significance.

In February three Roseville, Calif., police officers filed suit against the city of Roseville and its police department, alleging harassment based on sexual orientation or perceived sexual orientation. Observers say the charges are hardly exceptional in a profession historically hostile to minorities, women, and gays serving within the ranks.

Though only one of the officers in the suit self-identifies as gay, all three claim to have worked in a pervasively homophobic environment overseen by a police chief who has ignored the abuse — and has retaliated against those who have spoken out against it.

In a response to the complaint this week — and in subsequent comments to local media outlets — city officials slammed the suit as the result of unspecified personal agendas and categorically denied the allegations, which include a department captain setting a numerical gate code at the station to read “13-69” — a joke apparently meaning “unlucky cocksucker.”

“There’s just a culture of permissiveness. If somebody has an antigay ideology, they can and will say things that are really offensive, and they are never called on it,” says Darin DeFreece, a plaintiff in the case who oversees the department’s detectives unit. “So was I going to stick my head in the sand? I’ve never felt like I was the type of person who needs to champion a cause, but in this certain situation it was the right thing to do.”

DeFreece joined the department in 2000, was promoted to sergeant in 2005, and remains in his position. He said the harassment directed at him over the past several years has long been the result of questions regarding his own sexual orientation (DeFreece is married to a woman but describes his orientation as “fluid”) as well as his defense of a police scene technician who is not out at work but is known to have a partner who works in another police department.

The harassment became intolerable after co-plaintiff Kenneth Marler, a friend and colleague of DeFreece’s, joined the force in 2005 and immediately became a target. “I was in a workout room when a sergeant, who is a named defendant in this case, was complaining to a group of officers that we had a ‘fag’ coming to the department,” DeFreece says. “I was stunned. I had taken a few digs prior to that, but I could deal with it.”

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Reader Comments
  • Name: Andrew
    Date posted: 3/28/2010 3:21:28 PM
    Hometown: Sacramento, CA

    Comment:

    And who do those "tough cops" turn to for support? Now, imagine having to worry about your "brothers & sisters" in law enforcement too.

  • Name: Paul
    Date posted: 3/28/2010 3:17:45 PM
    Hometown: Modesto, Ca

    Comment:

    Jerry, if you have any actual "details," I would truly like to hear them. Thanks.

  • Name: Adam
    Date posted: 3/27/2010 12:49:33 PM
    Hometown: Fresno

    Comment:

    We require police officers to be tough and confront criminals and the bad guys every day, but these guys are whining about getting teased?! WTF? Get some balls and gimme a break!

  • Name: Jerry
    Date posted: 3/27/2010 12:44:04 PM
    Hometown: Sacramento

    Comment:

    There is a lot more to the story. As someone who lives in the area and have followed this news story, it is obvious to me that these men have other performance-ralated issues and this lawsuit is just a smokescreen. Unfortunately, it tars the whole community with unfounded allegations. Are most police forces "anti-gay"? Probably. But in the case of these three men, it is just their way of getting out of a pickle of their own making (no pun intended).

  • Name: Roger Burr
    Date posted: 3/26/2010 12:32:12 PM
    Hometown: Marble Hill

    Comment:

    SUE THE BEJEEZUS OUT OF THEM!!! The ONLY thing that will stop this and other discriminatory behavior; is when insurance coverages are CANCELLED because of claims, and the individual cities, themselves, have to foot the bill for payment. I'm sure the citizens of Roseville would just LOVE to see their taxes hiked; to pay a judgement to some one due to actions by their police department. A good swift kick in the WALLET is generally all that's needed to effect change.

  • Name: Roseville Sucks
    Date posted: 3/26/2010 12:05:46 PM
    Hometown: Sacramento, CA

    Comment:

    "which include a department captain setting a numerical gate code at the station to read '13-69' — a joke apparently meaning 'unlucky cocksucker.' BREEDERS ARE SO VERY "CLEVER" AREN'T THEY? GAWD! I'd say the unlucky "cocksucker" is this department captain's wife or girlfriend. Imagine trying to enthusiastically suck on something you rather pick your teeth with! LOL : )

  • Name: Tod
    Date posted: 3/26/2010 12:46:51 AM
    Hometown: West Hollywood

    Comment:

    Californians are governed by the same laws and if everyone else has to live by them so should the police. Their negative attitudes are carried with them in to the public. They should not be allowed a free card to act any way they want and fortunately not all police departments do. I get the old-school thing and sometimes that's good, but in this case old-school is dead-school.

  • Name: MobtownGuy
    Date posted: 3/25/2010 9:56:24 PM
    Hometown: Baltimore

    Comment:

    Good for them. I hope they win.



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