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January 2010 Email this to a friend
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Atlanta sued over 'illegal' bar raid

By Joseph Erbentraut

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If any laws were broken at the Atlanta Eagle on the evening of September 10, attorneys for its patrons argue that the city's police officers who conducted a raid on the establishment carry the blame.
Lambda Legal, a national gay civil rights organization, has filed a federal lawsuit against the city of Atlanta, its chief of police and 48 individual officers at the Atlanta Police Department. It filed the suit on behalf of 19 individuals who were "forcibly searched and detained" during the raid of the gay leather bar during an underwear party.
The suit, announced November 24, alleges the officers acted in violation of the plaintiffs' constitutional rights, committing crimes including false imprisonment, assault, battery and trespassing.
"The illegal activity going on in the Atlanta Eagle that night was committed by the APD," said Greg Nevins, a senior attorney at Lambda Legal's Southern Regional Office. "If it is APD procedure for elderly men and wounded veterans to be thrown to the floor and harassed simply for being in a bar having a drink after work, then the APD should change its procedures."
According to Lambda Legal, police officers, dressed in full SWAT-team gear, found no drugs or illegal weapons during their raid. But they allegedly used anti-gay slurs and forced patrons to lie facedown on the bar floor while they ran background checks. None of the patrons were arrested, but eight employees were charged with code violations.
Atlanta Eagle co-owner Richard Ramey told a local public radio station that the officers were "fishing" for any indiscretion to punish. He compared the officers' treatment of his patrons to the harassment that the gay community endured during the 1960s.
The police department has denied any wrongdoing in the case. Defending the raid, the city maintains that the Eagle was providing adult entertainment without a city permit.
Embattled Police Chief Richard Pennington and his assistant, both named in the suit, announced their resignations the same day the suit was filed.
The case, Calhoun v Pennington, comes following several months of protests and demonstrations against the alleged police misconduct, including a rally that attracted hundreds on September 13. Gay activists in the city say the incident has become a rallying point against continuing discrimination directed at the community.

Author Profile:  Joseph Erbentraut

Joseph Erbentraut is a Wisconsin-born freelance writer and editor currently living in Chicago. His articles on politics, music and culture have been featured in the Village Voice and other publications. He also blogs at Chicagoist.


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