City pays $350,000 in case that accused traffic enforcement bias
By Glenn Gullickson

An attorney has won a $350,000 judgment against the city of Phoenix in a case that accused members of the police department of targeting areas around gay bars for traffic enforcement.

The case stemmed from the arrest of Randy E. Roberts in 2001 near Charlie’s Phoenix. He was defended by attorney Michael Ryan.

In a decision filed on July 1, Court of Appeals Judge Janet Barton affirmed the trial court’s decision in favor of Roberts who sued the city, police officer Michael Rogers and Rogers’ supervisor, William E. Niles Jr.

Ryan said Roberts had not been drinking when Rogers pulled him over for allegedly speeding at about 9 p.m. on Mach 3, 2001. In court papers, Roberts claimed the officer pounded his car window with a flashlight and threatened to pull him through the window. He was arrested for failure to comply and jailed for about seven hours, but the charges were later dismissed.

Roberts sued Rogers and the city, claiming his civil rights had been violated, alleging selective enforcement of the law and assault.

In February 2004, the court found the city had not denied any rights. But later that year the court granted a new motion filed by Roberts based on new documents that included two citizen complaints of anti-gay bias filed against Rogers, asserting he targeted individuals leaving gay bars for traffic stops. The court found the complaints could establish selective enforcement and failure to discipline officers.

Over the years, much of the case revolved around obtaining documents from the police department and Ryan accused the city of hiding evidence that would show members of the police department had been targeting gays.

Ryan said an expert witness in the case did a geo-statistical analysis of traffic stops by Rogers that showed he focused his enforcement activity around Charlie’s and other gay bars in central Phoenix. The data showed he made few stops elsewhere in his Squaw Peak precinct that included establishments along the Camelback corridor, Ryan said.

“The distinguishing feature is one area has a bunch of gay bars and one does not,” Ryan said. “This squad only focuses its attention around the gay bars in central Phoenix.”

Ryan said he had spent about 1,000 hours on the case over nine years and most of the settlement covers attorney fees and costs. Ryan said Roberts received about $18,000 in the settlement.

Rogers has retired from the police force.