Pubdate: Thu, 02 Dec 1999
Source: Xtra! (CN ON)
Copyright: 1999 Pink Triangle Press
Contact:  http://www.xtra.ca/site/toronto2/html/city.shtm
Details: http://www.mapinc.org/media/2152
Author: Vern Smith

RIDICULE THE SEX POLICE

News / Make Your Enemies Look Silly

The best way to stop police from spoiling orgies and other hedonistic 
activities is to make the state look silly, says maverick constitutional 
lawyer Alan Young.

Use the press as the ears and eyes of the community, report back to the 
community, and make fun of the state,2 Young told activists at a forum on 
changing Canada1s 3outdated2 sex laws.

Take them on. Ridicule them. Tell them how bizarre it is.

Young was one of several speakers at last weekend1s forum at the University 
of Toronto titled, Beyond The Bedrooms Of The Nation.

If Young1s advice seems destined to go up in smoke, consider his efforts on 
behalf of PWA Jim Wakeford.

He recently won Wakeford a constitutional exemption against prosecution for 
using marijuana.

The trick was reminding folks how uptight some laws are.

I will raise the issue of how absurd it is that people are being shot and 
killed while being raided for marijuana cultivation. I mean, what the hell 
is going on in this country? The same thing can be done in terms of sexual 
regulations.

Whether or not the panel1s sponsor, the June 13 Committee, can convince the 
courts to chill on consensual sex is not the issue, Young said.

All I1m doing is parading information before the court so it will get back 
to the public.

He said both dopers and homos are winning their respective debates in the 
court of public opinion, and the state is growing frightened.

When courts start intervening in an activist way, that1s how you get law 
reform,2 Young said.

Regardless of whether you1re masturbating or engaging in orgiastic 
behaviour, it doesn1t matter. Those are fundamental personal decisions. 
They may not be conventional, but a little exotica doesn1t take it out of 
the spectrum of fundamental personal decisions. The farther you get away 
from conventional sex, we hear it1s horrible, that it1s destroying the 
community.

What we have to do is say, OEWait a minute. These are assumptions we1ve 
made for 300 years. Where is the proof?

Young also told activists to find ways of making it more expensive for 
police and prosecutors to prove their cases against public sex.

I try to make the costs and efforts of law enforcement insurmountable. So 
what you do is you try to raise legal issues in the context of your area 
that will require police to do more and more work.

Beyond saying that marijuana laws are bad, for example, Young has taken to 
forcing prosecutors to test for THC levels to prove that they have 
confiscated an intoxicating herb.

If they were disinclined already to enforce the law, you add a cost to it 
and you get results.

But while Young says a low-budget campaign to change sex laws can be done, 
he admits that legislators aren1t in a hurry to act.

They had their big to-do in 169 when Trudeau said the state has no place in 
the bedrooms of the nation. They made some changes in the area of some 
Victorian-era sex offences, and that1s it. That1s your law reform for the 
next 50 years.

The reality is, no one else cares. If we can convince the court that is an 
eligible defence, then it1s going to be difficult to enforce.