(VIRGINIA BEACH, VA) — An attorney representing a man accused of soliciting sex in a public restroom at Sears in Pembroke Mall is trying to get the charge thrown out based on a recent U.S. Supreme Court decision to overturn sodomy laws in Texas.
If the motion is granted, it could eventually stop Virginia Beach police from setting up “sting” investigations in public locations frequented by homosexual males “cruising” for anonymous sex.

The motion, filed by Norfolk lawyer Jennifer T. Stanton, may be the first attempt to apply the Supreme Court’s decision in Lawrence v. Texas to state sodomy laws, said Virginia Beach Commonwealth’s Attorney Harvey L. Bryant III.

Bryant said Wednesday that he has sent e-mails to all of the state’s prosecutors asking how they are pursuing such cases in light of the high court’s ruling in June.

The motion asks that Virginia’s law prohibiting solicitation of an illegal sex act be declared unconstitutional, Stanton said.

Circuit Judge Edward W. Hanson Jr. will decide the motion on Oct. 1, after the submission of briefs by attorneys in the case.

Vice detectives in Virginia Beach actively pursue men who frequent public places such as restrooms and parks in search of sex with strangers, Beach Detective Jarvis D. Lynch said Wednesday.

Lynch made his comments while testifying about the arrest of Joel D. Singson at Pembroke Mall on March 20.

Singson admitted Wednesday that he approached Lynch in the restroom of the Sears store.

Lynch was pretending to look for a sexual encounter, he testified.

Singson testified he was in the Sears store to pay a bill, and that he decided “to go cruise a little bit” after he was finished.

After entering the restroom, Singson approached Lynch’s toilet stall and looked inside.

Both testified that they exchanged comments regarding a sexual act. Each differed slightly in what was proposed and where the act would take place.

Singson said he wanted to go to a private location outside of the store to consummate the act. Lynch said they agreed to do so in a toilet stall.

Once the sex act between the men had been discussed, the Virginia sodomy law had been broken.

Lynch contacted his arrest team via an electronic device and Singson was arrested.

Stanton said Wednesday that if the sodomy law is unconstitutional, then what was solicited was a legal act and the charge should be dismissed.

She also said her motion may not be applicable in all situations where gay sex is concerned.

“This may end up being a case by case situation,” Stanton said.