Detective Paul Rose
Officer Harold Hohman
Officer Norman Carr
14. Said police surveillance activities were conducted without having first received any warrant to judicial authorization therefor.
15. Said police surveillance activities were conducted by the police officers identified in Paragraph 13 hereof in an effort to effect the identification, arrest and conviction of those persons who frequented the men's public restrooms and the areas surrounding the same for engaging in unlawful deviate sexual behavior and engaging in the unlawful traffic of drugs, and to obtain evidence pertaining thereto.
16. The areas selected for the above-described police surveillance activities were chosen because, in the instance of the Long Park facility, numerous complaints had been made concerning homosexual activities in the area as averred in Paragraph 3 above; and in the instance of the Penn Central Railroad Station, because of information received by the police concerning illegal traffic in drugs within the said railroad station premises.
17. The police officers engaged in said surveillance activities were instructed by their superior officers to take such action as was necessary to stop any unlawful activity which might be observed during the course of their surveillance, including but not limited to unlawful homosexual activity and illegal traffic and use of drugs.
18. The police officers engaged in said surveillance activities did not believe they discriminated in the course of the performance of their said police functions.
19. The total arrests made by the Lancaster police department as a result of the abovementioned police surveillance activities were twenty (20) in number.
20. The charges brought against those persons arrested as a result of said surveillance activity were one charge of harassment and nineteen charges of voluntary deviate sexual intercourse.
21. Ten (10) of those persons arrested as aforesaid, have pleaded guilty as charged and paid fines and costs imposed. The remaining ten (10) persons have posted bail and their cases are pending.
22. Plaintiffs, Kroehler and Hoover, have, on occasion both used the toilet facilities in the men's rooms in the Railroad Station and Long Park that are the subject of this proceeding. Such use occurred some time between August 3, 1973, and April 1, 1974.
23. Based on their prior experiences and living and travel arrangements, plaintiffs' Kroehler and Hoover, are likely to use said facilities in the future.
24. Because the surveillance complained of was covert, and because the identities of persons who were actually surveilled by the defendant police officers are not known (except for persons arrested), it is not possible to determine whether the plaintiffs were in fact surveilled or whether the plaintiffs personally know anyone who was surveilled during this period.
25. The plaintiffs do not know any of the persons who were arrested by the Lancaster police in the area of said men's public restroom for voluntary deviate sexual intercourse or actions related thereto personally; however, the plaintiffs are familiar with the name and have heard of Dr. Luther Binkley, who is one of the persons arrested and charged with said unlawful activity.
26. The plaintiffs now know that the said men's room facilities were allegedly being used as places of solicitation by individuals who engaged in voluntary deviate sexual intercourse and of the arrest of such persons that followed said activity.
27. The attached exhibits are included as correctly representing the physical surroundings of the men's rooms at the Railroad Station and Long Park.
EXHIBIT A: Sketch of Men's Rest Room, Penn Central Station, Lancaster.
EXHIBIT B: Series of seven photographs of the stalls and surrounding areas of the Penn Central Station Men's Room including the two stalls over which the peep holes were drilled and used for surveillance. It is stipulated that from these two holes, the defendants could observe all activity within the two stalls without doors, and could only observe a small part of the adjacent stall.
EXHIBIT C: Series of five photographs of writings on walls of Men's Room at Penn Central Railroad Station. These photographs were taken after the surveillance complained of in this action was terminated.
It is stipulated that writings such as those that appear in this series of photographs also appear on walls of certain other public men's rooms.
EXHIBIT D: Sketch of Men's Rest Room at Men's Room, Long Park.
EXHIBIT E: Series of four photographs of the Men's Room at Long Park.
DATED: December 10, 1974