McMillan, Acquanette (Netta)
From: countercultural
Sent: Monday, June 5, 2023 1:02 PM
To: PublicComment-AutoResponse
Subject: June 5 agrenda Item 12a. - Bayard Rustin
Attachments: Pasadena Rustin Arrest Record.pdf
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Attached is the Pasadena Police documenting the arrest of Bayard Rustin in Pasadena in 1953.
The Resolution under consideration tonight falsely states that "Rustin was arrested in Pasadena for engaging in consensual intimacy with another adult male...'
As the police report attached shows, then 40 year old Bayard Rustin was arrested for performing oral sex on not one but two white men while sitting in their car on Raymond, just south of Green Street, adjacent to people's homes at Castle Green and up the street from Central Park.
The report states that then 40 year old Bayard Rustin had flagged the two white men down while standing on a street corner, asking them if they "wanted a good time." The report is silent regarding whether or not Rustin was offering his services as a male prostitute.
As the police report shows, Bayard Rustin was arrested for violating Penal Code Section 288A. (Oral copulation). Under pre-1975 law the statute made oral copulation a criminal offense no matter where or between whom the act was committed. It is well known that oral copulation was decriminalized in 1975 as between consenting adults but continues as a criminal offense in other instances. Prior to 1975, many people, both male and female, heterosexual and homosexual were arrested and convicted under 288A. Indeed, many of the people arrested under 288A were female prostitutes performing oral sex on men in automobiles.
Thus, in addition to inaccurately describing Rustin's criminal behavior, the Resolution under consideration is also false and misleading when it attributes Rustin's arrest to a a legal tool of "oppression, and to stigmatize and punish LGBTQ people...". In reality, the law was likely created to suppress the actions of female prostitutes.
Under current law, oral copulation is perfectly legal when done in private among consenting adults.
However, Rustin performed oral sex at a time it was illegal on two white male strangers in a public place. (Penal Code Section 653.20 regarding Prostitution defines an automobile, whether moving or not, on a City of Pasadena street as a public place).
Rustin's actions were at the minimum a public nuisance and involved indecent exposure adjacent to people's homes. (Like oral copulation in public by male and female prostitutes, public urination under California law is not specifically illegal but is sometimes charged as a public nuisance or as indecent exposure).
The truth is Bayard Rustin was a 40 year old at the time of his arrest in Pasadena while performing oral sex on two white strangers in public in a manner consistent with the actions of a homosexual prostitute. This is why your Resolution presents a false description of his crime and a false motivation for arresting him. The truth apparently cannot be disclosed.
Bayard Rustin does not deserve to be glorified by Pasadena or anyone else. 6/5/2023
Sent with Proton Mail secure email. Item 12A
ENCLOSURE TO MEMORANDUM FROM:
MORRELL TO DE LOACH CAPTIONED
PHONORABLE SAMUELYL. DEVINE
CONGRESSMAN I2TE DISTRICT ONTO
DATED 6 20-654
1/58900 -189
OBSCENE
A CLOSURE
DATE 05-20-2009 BY 60222 UC 1P/PLT/LCH
PAG b6
b70
** PASADENA POLICE DEPARTHENT
Pasadena 18, Californita STATEMENT FORM PPD form No. 122 10m 6-8-50,
• STATEMENT. OF Case No.
HOME ADDRESS
= BUS ADDRESS Phone
CONNECTION WITH
CASE -
/I was drying my car South on Raymond
Ave, near Green St, at approx, 2:45 A/M on
1-21-53, at the northwest corner of Green
St. & Raymond Ave. my friend and
I saw a colored man standing on the corner.
he wáved at us as we passed, we drove across
Green St. țo a poínt approx. '50 fel South of Green
on the West side of Raymond: /
Inmediately aftér we stopped the
Negro tian came up to the cars
I did not notice the type of clothing
this man wore other than he wore
tan
• slap type cap and an vest:
He asked us "If we wanted a good time".
we asked him what he meant, he replied •
that "he couldn't offer us much, but he
He was In the car when
he made this statement. He was in the .
front seat with nd I,
I then got into the back seat and
the colored man stayed in the front
100-158790-139
#itnessed _ Date: 1-21-53 Signed_/a
S/
b6
PASADINA POLICE DEPARTMENT 270
Pas#dena 18, Callfornia STATEMENT. FORM PPD Form No. 122 10m 5-8-50
STATEMENT OF • %
CASE NO:
PHONE
BUS. ADDRESS PHONE
CONNECTION WILI
CASE
coMi
Seat with What happened in the front
seat from that point on I don't nos), however
the colored man was down to where I could not
see him. 'There was no conversac on between'
& the colored man that I could hear.
Shortly thereafter the colored man.!
got 'in the back seat with me.
Shortly after that the officers drove
was still in the front seat.
I gave this statement of my own'
free will no thréats or promises of
Immunity offered me.
158 290-139
itnessed /s Date_1-21-53 , Signed
/s/
4 PARADO CEVOLICE DEPARTMENT - TELONY KEPORT NOSTi
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states of fren-
Where Connied Pulle Stroof, eYe to
Dey Committed. au
Date Comrutued... 1-21-55
Date Revoricd 1-27-53 - Tina, 2740g
[Rod. Aldrod..a...... Reported us. On Kies. (L
Due Phoue... Address 420P-
Tarsalicating Officer Phone.
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una susjoct and tho above nored apact arcosted this date on the a oranti no _charga+.
Gle Antalle of cim additional virtime, and doerpton ar
While on routine patrol Officer's obsolvad the above mentioned valicle parkud just south of Oreen oF tha The gouth vost cornor of So. Rays mond. Uron closer inspoction by • Officer the soove i subfoot and #i" aitting in the back peat of and el surpeat was bent down ovor #s sus cot at this time was aftsing in the front sóat of this cor.
Both nectants obaarrod Hunnoons e2 attenting to
Subfoota at. . thia time statud that they
nore merely sitting there. All suojects wore tuken out of the vohicle. end cassanted and aufact 12 stated that that had lust not sit and that be had parto. (See statements and Tocorest.
All subjects at this tine aduitted their parts in thie case. transportod to this atation where stateronts and recordinga subjects pero,
vero undo of their action in reçerds this mottor, they wore i than booked on the above charge. Susject: $2 & 5. transcortoc The aforecontion vehiole was completoly searchod of this timo, curing the course of the seardh a blood stafned mattrenn cover wes found in . the trunk of this volicie (those 'ufficer'a unable to dotardino typo of blood, Andral or Human audant tartl Vibiola done not belong to any of those parties, Rog. to Stated that ho had and tils voloranty coat ted by Orroo and Baro
B/a Condos to; 3 Dot., I CII, 1 VIco. 1-21-53
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