Attorneys for Long Beach man in lewd conduct case plan class action lawsuit

A Los Angeles County Superior Court judge’s decision to dismiss charges against a Long Beach man, arrested during a sting that was found to discriminate against gay men, will stand unchallenged after an aouncement this week that City Prosecutor Doug Haubert would not appeal the ruling. But court action may not be over.

Attoeys for the defendant, Rory Moroney, 50, praised Haubert’s decision. If convicted, Moroney would have been required to register as a sex offender for life. But the attoeys also say they are plaing to file a class action lawsuit in federal court.

City reaction

Haubert, in his aouncement Wednesday, said he did not agree with Judge Halim Dhanidina’s decision but that he did not want to jeopardize relationships with the LGBTQ community that city leaders have worked hard to create.

Haubert also said he has had very positive discussions with LGBTQ leaders and is grateful they have shared their “valid conces.”

“There is no doubt that people here want the same thing, a balance of safety and faiess that will only make Long Beach a better place in which to live,” he said.

The Long Beach Police Department is examining its policies in the wake of the court decision, Chief Robert Luna said in a brief statement Thursday afteoon.

“The Long Beach Police Department respects Mr. Haubert’s decision not to appeal the case of People vs. Rory Moroney,” Luna said. “We are continuing to research and develop our enforcement policy to be consistent with our regional partners.”

Attoeys’ perspective

For Stephanie Loftin and Bruce Nickerson, Moroney’s attoeys, the developments are welcome news.

“We applaud and respect the decision of the city prosecutor not to appeal Judge Dhanidina’s decision,” Loftin said in an email. “This means our client ... is finally free from the terror of possibly having to register as a sex offender for the rest of his life.”

Moroney was arrested Oct. 15, 2014, at Recreation Park and charged with one count of misdemeanor indecent exposure and one count of lewd conduct after he exposed himself to Detective Raymond Arcala, an undercover vice officer sent to a men’s restroom in the park. Moroney testified that Arcala’s eye contact and posturing indicated he wanted to have sex and wasn’t offended by the advances.

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Arcala and other officers testified they acted as neutral observers in lewd conduct cases, but the judge said facts suggested otherwise.

The case, including Dhanidina’s harsh words about what he described as a discriminatory practice, called into question the use of these sting operations. Police said later they have used the operations far less often: three people were arrested in 2014, one in 2015 and zero thus far in 2016, according to department data.

Possible legal action

Loftin, in her email Thursday, said she and Nickerson are plaing to file a class action lawsuit in federal court “with Mr. Moroney as the class representative, on behalf of all those similarly situated and arrested under like circumstances.”

Information on what parties will be named in the lawsuit and when it might be filed was not provided.

“We are exploring how this powerful ruling by this erudite judge can lead to statewide justice for persons arrested since 1979 when the law was changed,” her email said. “This wrong needs to be righted.”