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BAGAROZY v. MAGINNIS

October 1, 1985

EDGAR BAGAROZY; "REALITY INC.", (UNINCORPORATED); INDIVIDUALLY AND AS PROCHEIN AMI, [SIC] IN INTEREST FOR FIRST AMENDMENT RIGHTS OF, D.M. (14), M.O. (14), L.R. (14), A.J. (11), AND FOR ALL PUBERTAL AGED YOUTH; MRS. N.J., INDIVIDUALLY AND FOR M.J. (SON); M.J. (13) INDIVIDUALLY; MRS. J.S., INDIVIDUALLY AND FOR T.S. (SON); T.S. (13) INDIVIDUALLY; R.M. (16), INDIVIDUALLY, R.R., Plaintiffs, against ROBERT MAGINNIS, P.O.; JOHN DOE, P.O. ON ARREST; CAPT. DIGREGORIO, COMMANDER 49th PREC.; BENJAMIN WARD, POLICE COMM.; EDWARD I. KOCH, MAYOR; MARY ANN JENNINGS, ADA BRONX; MITCH GARBER, ADA BRONX; CHARLES SIEGEL, ADA BRONX; MARIO MEROLA, DIST. ATTY. BRONX; BRONX COUNTY; MS. K. SMALL, SOC. WORK; JAMES LOCKLEY, SUPV. SOC. WORK.; EDNA DAVIS, DIR. SOC. SERV. N.Y.C.; GEORGE GROSS, COMM. SOC. SERV. N.Y.C.; CEASAR PERALES, STATE COMM. SOC. SERV.; MARIO CUOMO, GOVERNOR, N.Y.; ROBERT ABRAMS, ATTY. GEN. N.Y.; GORDON M. AMBACH, COMM. EDUCATION N.Y., Defendants


The opinion of the court was delivered by: GOETTEL

GOETTEL, D.J.:

The defendants in this action, various state and municipal officials and employees, have moved to dismiss the action. The action itself is unique and a bit difficult to describe.

 The lead plaintiff, Edgar Bagarozy, describes himself as "an activist for the full legal recognition of the constitutional rights of same gender oriented persons *fn1" and specifically for the recognition of the rights of self-aware pubertal aged same gender dispositioned youth." It seems that Mr. Bagarozy has been arrested and indicted for second degree sodomy involving young boys in the New York State Courts in Bronx County. (He has previously been convicted of such an offense.) He is joined in this action by an organization, "Reality Inc.," *fn2" and by a number of male juveniles and several of their mothers. *fn3" He also attempts to appear as the representative of "all pubertal aged youth".

 The complaint seeks to restrain his criminal prosecution in the New York state courts. Specifically, the complaint maintains that the state criminal laws (as well as related domestic relation laws) are "both unconstitutional and being used in bad faith, malicious, invidious animus manner by members of their heterosexual/Judeo-Christian class...." Complaint at 20. It also seeks to enjoin the various defendants from harassing the plaintiff in obtaining evidence involving Bagarozy's alleged criminal sexual acts with the children.

 In addition, it is alleged that the various defendants are involved

 
with a conspiracy with other members of [their] heterosexual/Judeo/Christian class, to prevent and deprive all youth of the State of a full and complete education on the positives of same gender orientation and of the benefits to the individual and society, so as to promote their religious and class status view while using the power and authority of the State to discriminate against a legal class of citizen.

 Complaint at 29. It is contended that this conspiracy is intended to persecute young pubertal aged males "by the employment of unlawful criminal statutes, to deprive them from choosing and developing into well developed same gender oriented citizens." Complaint at 24. The complaint maintains that homosexuality "is a natural behavior found throughout the animal kingdom in virtually every species, and practiced in two thirds of the known cultures of the world, these being those untouched by the evils of the Judeo-Christian religions." Id. Mr. Bagarozy (appearing pro se) states that "the delusional god of the Judeo-Christians ... has since permeated and controlled the populace through laws designed on that religions [sic] tenets." Plaintiffs' Brief in Support of Motions for TRO and Protective Order at 4. He argues that the Constitution prohibits this, *fn4" and that it was the purpose of the Constitution to free us of Judeo-Christian concepts.

 
Defendants and their heterosexual Judeo-Christian class have continually maladministered the law and deprived sgo youth of equal protections of the laws and have driven them to develop an immoral, promiscuous life-style by depriving them of viable, legal avenues of expression when nature dictates that expression is warranted. This with a religious founded bias.

 Plaintiff's Brief in Response to Municipal Defendants' Motion to Dismiss at 36.

 The plaintiffs' papers trace the Christian development of beliefs on homosexuality and contend that those beliefs have the "single purpose of controlling mankind and turning them into automaton breeding factories to generate further power and wealth for those in control of the religions" and that this "imposes unjustified torment on youth that results in negatives to society as a whole." Plaintiffs' Brief in Support of Motions for TRO and Protective Order at 7. One of these negatives is purportedly the placing of "the state in a position of coercing a youth into marriage or to impregnating a young female, thereby destroying both their lives." Id at 17. Since it is contended that laws forbidding homosexual behavior further a private religious purpose, their application is said to deny the plaintiffs equal protection of the laws. *fn5"

 Bagarozy represents himself as a crusader against these societal wrongs. He states,

 
I present myself to youth as a same gender oriented role model of high personal self-esteem for those that may have a self-recognized natural same gender oriented disposition.
 
I am a member of "Reality Inc.", an unincorporated organization of responsible, empathetic same gender oriented persons and others, who, because of being persecuted without legal recourse as youths themselves, are dedicated to promoting educational campaigns with the media to raise consciousness of the fact that many same gender oriented youth take this recognition before and with the on set of puberty and that many are driven to suicide, and drug and alcohol abuse, because of persecution, and to bring legal actions in the courts to create responsible statutes that provide a valid and legal avenue of emotional/sexual expression for self-recognized same gender oriented youth at the time of the onset of puberty.
 
At my home, youth seek me out to assist them with schoolwork and are permitted to frequent my home, as long as they have their parent's permission to do so. They enjoy watching VCR movies (popular hits such as James Bond, &c.) and playing video games, and generally socializing. Occasionally I treat a group of youth to a recreation ...

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