Neighbors complain of sex in public park

A day before a citizen committee planned to discuss complaints about men having sex in Kilborne Park, police on Wednesday made two arrests there and said public sex is a problem in several Mecklenburg parks.

Police say they've been dealing with public sex in various parks for years, but neighbors and patrons of east Charlotte's Kilborne say they fear their park has become distressingly popular in recent months for men seeking anonymous sex with other men.

Mecklenburg commissioners disagree about how to approach the issue, and gay activists warn that county leaders and police should be careful not to label sex in public parks a gay problem. Activists say it involves many men who don't openly live a gay lifestyle.

Charlotte-Mecklenburg police say many big cities across the country deal with the same issue. They were not immediately able to say how many people have been charged with sex crimes in Mecklenburg County parks in recent years, but said they are compiling the data, which the Observer requested on Friday.

Capt. Tim Jayne said the most complaints come from Kilborne, Reedy Creek, Freedom and Park Road parks, but no park is immune. He said most of the charges are for misdemeanor soliciting crimes against nature, a term used when someone offers or asks for oral or anal sex. Most of those arrested are men.

"Lifestyle is not the issue. We are talking about a behavior in a public place," he said. "It is not our business to enforce any moral code. We enforce the law, and it's clear what you can and can't do in public."

Tonight's meeting of the East Park District Citizens' Advisory Council will include an update on efforts to combat illicit activities at Kilborne, but the meeting will be mostly about the park's master plan.

Stephen Young, whose back yard borders the park, said he has seen suspicious behavior and knows neighbors who are hesitant to play tennis or take their kids there. "They just don't feel safe," he said.

Since February, the county has assigned a park watch coordinator to work at Kilborne for eight hours a day, seven days a week. A spokeswoman for the parks department said the staff has not witnessed any sexual behavior.

Tuesday, undercover officers spent three hours around lunchtime at Kilborne and arrested two men, each accused of soliciting for a crime against nature.

Since the Supreme Court overturned Texas' sodomy law in June, Charlotte-Mecklenburg police have revised their guidelines for arresting people soliciting sodomy in public places.

Jayne said officers arrest if the person wants to perform the sex act in a public place, not if the person wants to go to an apartment, motel or other private location.

Jayne said enforcement alone won't solve the problem. He said his unit is looking for other solutions, such as educating people about the law and getting volunteers to patrol more parks.

Republican commissioner Bill James, the most vocal commissioner on the issue, is pushing for a local ordinance that would temporarily ban from a park anyone charged with having sex there.

"I think that public sex is inappropriate any place or anytime, whether it's heterosexual or homosexual. The problem that we're having with Kilborne Park ... is a homosexual sex problem," he said. "It is society's problem to solve, and elected officials are elected by the public to solve these problems, even if it's uncomfortable to discuss."

Attorney Connie Vetter said it's the responsibility of the courts to decide punishments for people convicted of having public sex in county parks.

"Bill has a problem with gay and lesbian people," said Vetter, who said she was speaking as an attorney and not as co-chair of the Mecklenburg Gay and Lesbian political action committee. "This is not something the county commission needs to be wasting their time on."

Democratic commissioners Dumont Clarke and Parks Helms also don't think county policy changes are necessary.

"We simply need to be sure that our parks are safe and secure and that anybody who engages in any illegal activity should be arrested and prosecuted," Helms said. "It becomes very dangerous for any political body to place itself in the position of being the moral policemen of the community."

Ray Warren, a Charlotte defense attorney who came out as a gay man while serving as a Superior Court judge, said the gay community doesn't condone public sex.

He thinks a significant number of men caught having sex at parks are "in the closet," meaning they want their sexuality to remain anonymous. Unfortunately, he said, parks are where they feel they can keep their anonymity.

"We'd just like for people to keep this in context," he said. "It's not a homosexual problem. It is a problem with some men."

Kilborne Plan Meeting

The Mecklenburg County Park and Recreation Department and the East Park District Citizens' Advisory Council will host a community workshop at 6:30 p.m. today to discuss the master plan for Kilborne Park. During this meeting, park officials will also provide an update on the measures instituted to combat illicit activities at Kilborne Park. The workshop is at Winterfield Elementary School, 3100 Winterfield Place.