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If you missed part 1, be sure to read that first, you can find it here.

The Weight of Expectation

Last week we examined the pressures many of these men faced from their families and jobs. Today, I want to look at some external factors that may have influenced them, pushing them into the closet and leading them to cruise anonymously at rest stops. 

One such factor is politics. From 1972 through 1988, the state was decidedly Republican (270 to win). That said, in 1980, the city of Detroit voted very Democrat, as did Lansing and Ann Arbor. Kent County was an outlier because the county and city of Grand Rapids were predominantly Republican.

In the United States around this time, the political opinion gap was forming regarding homosexuality. According to research by Fernández and Parsa, “prior to 1984, the average partisan gap in the approval of same-sex relationships was 4.4 percentage points. This gap widened in the mid-1980s and stabilized by 1989 to 17.6 percentage points, remaining relatively constant throughout the 1990s” (Fernández & Parsa, 2021). Additionally, in the 1992 presidential election cycle, the Democratic and Republican Parties took opposing stands over the status of gay people in society. It is almost certain that these men were seeing political debates about the rights and humanity of homosexuals play out in television programs and in the newspapers.

Additionally, the religious makeup of the state is also important to consider, especially in relation to what those faiths believed regarding homosexuality. Examining data from the Association of Religion Data Archives (ARDA), we can study the nine Michigan counties that had mass cruising arrests during this period (US Religion). The ‘adherence rate’ is a way that the ARDA calculates the number of people per 1,000 in a given county who are affiliated with a specific religious group/tradition. There are various denominations of mainline Protestants and evangelical Protestants, but for concise data and analysis, I have lumped them together.

The above figure showcases the importance of religion in 1980 in the nine counties I am focusing on, where the publicized mass arrests took place. While denominations vary a bit regarding their stance on homosexuality, it’s probable that in 1980, the vast majority of the churches were anti-homosexuality. However, the degree of intensity likely varied. For example, in 1990 the “gay issue” split Episcopalian priests, some agreeing to preside over same-sex weddings, while others refused (Ann Arbor News, 1990). In 1973, the Christian Reformed Church, whose American headquarters reside in Grand Rapids, had its synod in which they said homosexuals could be full members of the church but condemned the physical act of same-sex sexual encounters (Grand Haven Tribune, 1973). In 1976, the United Methodist church policy-making body said that homosexuals were not welcome as members (Brenner, 1976).

Beyond the nine counties, men often traveled from other areas within the state to cruise at rest stops. Because of that, it’s important to understand the religious beliefs surrounding homosexuality throughout the entire state. An individual who likely influenced opinions at the time was Pat Robertson. He was a Southern Baptist minister and televangelist and had a brief 1988 run in the Republican presidential campaign. Michigan was one state where he was particularly successful (Bell, 2008). He utilized his television program, The 700 Club, to grow his base of support. The 700 Club is the flagship program from the Christian Broadcasting Network, and among many things, it shares very strong anti-LGBT beliefs. Given Robertson’s success in Michigan, it’s possible that people throughout the state saw The 700 Club and may have been intrigued or held similar beliefs themselves.

These factors combined with the familial and work pressures we explored last week help explain why men who were in the closet would wish to seek out anonymous sex at rest stops as a quick and easy outlet. Though it wasn’t the safest option, with the threat of arrests and risk of contracting AIDS. Mark Grebner (Grebner, 1987), a political consultant and an attorney, penned a ‘Point of View’ column for the Lansing State Journal. He wrote of many men caught up in rest stop arrests. “As children or young teenagers, they were surprised to discover that their sexual feelings were for the ‘wrong’ sex. They were attracted to men, but lived in worlds where admitting that was unthinkable. For many, the only homosexual each knew was himself.”

These ‘worlds’ for some were the political beliefs where they lived, for others it was the anti-homosexuality message they heard preached from the pulpit, still others it was the familial and work pressures, and likely for the majority, it was some combination of the above.

Why Rest Stops?

Cruising occurred nationwide at various locations, including parks and public restrooms. Rest stops were popular throughout the country, not just in Michigan. However, Michigan’s demographics provide further context regarding why cruising flourished at rest stops, especially those near larger suburban centers.

In newspaper records of the arrests, they sometimes note the arrested men’s place of origin. Often, many of the men were from the county where they were arrested, whether from a small town within the county or from the larger city near the rest stop. Others came from farther away; some were truck drivers, some were traveling for other types of work. For example, of the 42 arrested in 1978 in Kalamazoo County, the men came from Battle Creek, Grand Rapids, Holland, Allegan, Plainwell, Otsego, Portage, and Big Rapids (Battle Creek Enquirer, 1978). Of the 61 arrested in Kent County in 1983, the men were from a variety of places, including Grand Rapids, Kalamazoo, Ann Arbor, and Detroit. Some were even from out of state from Illinois and Indiana (Morlock, 1983). In the 1991 arrest of 31 in Genesee County, half were from Genesee County, others were from around MI, and four were from out of state (Jackson Citizen Patriot, 1991). With this in mind, since at least a portion of the men were traveling for one reason or another, rest stops were a simple way to have a quick, anonymous sexual encounter without traveling far off the highway.

It’s also beneficial to understand the state’s rural-urban makeup. In 1980, 70.7% of people lived in urban areas, and 29.3% lived in rural areas (State Library of Iowa). In addition, between urban centers, there were numerous rural areas, as a 1980 study found, 51% of the state was forest land (Raile & Smith, 1980). One of the most complete mass arrest records is of a 1986 arrest of 42 in Ingham County (Lansing State Journal, 1986). Every individual arrested was published in the local newspaper, along with their town of residence. Many of these men were from rural areas, per the 1980 census. This included Clare, Olivet, DeWitt, Potterville, Ovid, and others. Naturally, more individuals would be interested in cruising around larger cities. However, it’s also important to consider that there was a more significant risk involved if someone attempted to cruise at a rest area near smaller, more rural towns. Proximity to the city meant more anonymity, and people from rural areas wouldn’t have to worry as much about seeing someone they recognized from home.

Holt Rest Stop Case Study

Now that we have an understanding of the arrest records, the men who frequented rest stops, and why rest stops were particularly popular, let’s explore one specific case study involving the arrest of 42 men in Ingham County in March of 1978. This mass arrest has since become one of the most heavily publicized (and controversial) mass cruising arrests in the state’s history.

In this case, of the 42 men arrested, 30 were charged with gross indecency between males, a felony, and the remaining 12 were charged with the misdemeanor of a disorderly person committing obscene conduct in a public place. The men were arrested following police secretly filming in the restroom at the rest stop off US 127 in Holt, MI. The cameras were hidden in the light fixtures, while an officer at another location secretly watched the men use the bathroom.

The Lansing State Journal published the full list of the men who were arrested (Lansing State Journal, 1986). This was one of the initial frustrations and concerns regarding the case. The Detroit Free Press published the varied public reactions following the decision to publish everyone’s names (Detroit Free Press, 1986). One person said, “I totally disagree with publishing the names of the men involved in the rest stop. It does no good in solving the problem. Please always try to be compassionate.” Another said, “Yes, you should identify the most prominent individuals whenever they do something wrong, even if all are not identified.” And another said, “To print the names of just one or two persons is to suggest prejudice, condemnation or discrimination on the part of the newspaper.”

Another point of contention that spanned numerous years regarded the use of secret surveillance to entrap the men. The ACLU raised concern, noting that any men who used the restroom during surveillance hours from February 26 to March 8 were potentially watched on cameras using the urinals or the toilet stall. The Lansing State Journal reported the ACLU’s concerns, “We are concerned that unnecessary and intrusive surveillance of many innocent people may have occurred in the name of nabbing consenting adults engaging in private sexual acts” (Dean, 1986).

Mark Grebner’s ‘Point of View’ column (Grebner, 1987) addressed the issue of video as well. His perspective was that, “the very reason the police relied on videotaping was that the activity always ended when anyone entered the room. To actually see anything, the officer had to pretend to be interested in participating–which the courts ruled illegal.”

In courts, the issue was hotly debated. In 1986, the same year as the arrests, 55th District Judge Thomas Roberts wrote a nine-page opinion in which he explained that a search warrant wasn’t needed for the video cameras because they filmed “common areas.” That said, he thought posting signs warning of possible surveillance was a good idea (Jackson Citizen Patriot, 1986). Roberts noted that while there was a limited expectation of privacy in a rest stop restroom, “that expectation dissolves when a male makes a visual or physical sexual contact with another male” (Muskegon Chronicle, 1986).

Roberts also upheld the constitutionality of Michigan’s gross indecency law. This is significant because the constitutionality of the law had been a heavily debated issue for years at that point. In 1960, Attorney Henry T. Conlin of Ann Arbor argued that the crime was ‘ambiguous.’ “Contrary to both federal and state constitutions, this crime is nowhere defined in either statutory common law,” Conlin said. “Both the state and federal constitutions require that a criminal statute be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties.”

That said, Assistant Prosecutor Booker Williams denied the motion to dismiss cases against alleged homosexuals based on the arguments Conlin laid out (Ann Arbor News, Feb, 1960, Jan, 1960).

Briefly, the accused had a legal win when Ingham County Circuit Judge James Giddings suppressed the taped evidence of the sexual encounters; he also found the gross indecency law too vague and eventually threw out the cases (Detroit Free Press, 1990). However, the Michigan Court of Appeals ruled that police may install video cameras in public areas of restrooms, and later also upheld the constitutionality of Michigan’s gross indecency law. Thus, reinstating charges against 28 of the men accused (Battle Creek Enquirer, 1990). The arrested men continued to push back against the system. In 1991, the state Supreme Court refused to consider an application by 20 of those men seeking dismissal of the charges based on their claim that privacy rights were violated and that the gross indecency statute was unconstitutionally vague (Bruni, 1991).

The state Supreme Court’s ruling had far-reaching implications, essentially giving the police the green light to resume using secret video cameras in highway rest stops, a topic of debate even before the 1986 rest stop arrests. In one instance, during the 1980 arrest of 16 at Genesee County rest stops, undercover officers specifically chose not to use cameras because they knew the courts sometimes didn’t allow the videos as evidence; instead, they chose to wire undercover officers with mics (Fenech, 1980). In another case in 1978, following a mass arrest of 42 in Kalamazoo County, the circuit judge suppressed the evidence against one man after holding that there was no statutory authority for a warrant authorizing video surveillance (People v. Dezek, 1981). The state Supreme Court ruling following the Ingham County arrests set a new precedent, allowing police to utilize video surveillance in restrooms to curb cruising.

Next week we will explore the police, public and gay response to the mass arrests.

References:

Police charge 42 men with homosexual acts at freeway rest stop . (1978, November 3). Battle Creek enquirer, p. B-5.

Morlock, J. (1983, June 22). 61 to be arraigned in rest stop sex crackdown j. Grand Rapids Press, 1.

34 arrested on morals charges in rest stop sting. (1991, September 13). Jackson citizen patriot, p. 2.

State library of Iowa. (n.d.). Urban and rural population for the U.S. and all states: 1900 - 2000.

Raile, G. K., & Smith, B. (1980). [Rep.]. Michigan Forest Statistics, 1980 (p. 5).

Arraignments, warrants revealed. (1986, March 19). Lansing State Journal, p. 4.

Michigan presidential election voting history. (n.d.). 270towin., (Vol. 270) to Win: Michigan. https://www.270towin.com/states/michigan

Fernández, R., & Parsa, S. (2021). Gay politics goes mainstream: Democrats, Republicans, and same-sex relationships. Economica, 89 (S1). ttps://doi.org/10.3386/w29061111/ecca.12404

Sources. (n.d.). Congregations & Membership data | US religion. https://www.thearda.com/us-religion/sources-for-religious-congregations-membership-data

Bell, A. F. (2008). Radical religious rebels: The rise and fall of Jerry Falwell and the Moral Majority [Unpublished Thesis]. Digital Commons @ East Tennessee State University.

Grebner, M. (1987, May 6). Prosecuting gay men solves no problems. Lansing State Journal, p. 9a.

Arraignments, warrants revealed. (1986, March 19). Lansing State Journal, p. 4.

When should a newspaper name names? (1986, April 5). Detroit Free Press, p. 6.

Dean, P. (1986, April 12). Rest stop surveillance challenged by aclu. Lansing State Journal, p. 5A.

Grebner, M. (1987, May 6). Prosecuting gay men solves no problems. Lansing State Journal, p. 9a.

Rest area cameras pass test. (1986, August 21). Jackson Citizen patriot, p. A4.

Case to proceed against 39 arrested in rest stop ‘sting’. (1986, August 20). Muskegon Chronicle, p. 12

Charges in homosexual arrests questioned on constitutionality. (1960, January 30). Ann Arbor News, p. 11.

Motion to drop alleged homosexual cases fought. (1960, February 6). Ann Arbor News, p. 13.

Appeals court upholds gross-indecency statute. (1990, August 25). Detroit Free Press, p. 4.

Court upholds indecency law; reinstates charges on 28 men. (1990, August 25). Battle Creek enquirer, p. 4.

Bruni, F. (1991, June 4). Police retain right to tape sex at rest stops. Detroit Free Press, 1.

People v. Dezek (Court of Appeal of Michigan June 4, 1981). https://case-law.vlex.com/vid/people-v-dezek-docket-888506026

Brenner, B. (1976, May 6). United methodist church says “no” to homosexuals. The Flint Journal, p. 6.

Chr. reformed synod rules on homosexuals. (1973, June 20). Grand Haven Tribune, p. 5.

Gay issue splits episcopal priests. (1990, January 15). The Ann Arbor News, p. 6.