In Giles v. City of Johnson City, et al. Lambda Legal argues that the Johnson City Police Department violated federal equal protection law by singling out the 40 men and subjecting them to worse treatment by giving them unprecedented negative exposure in the media before they had entered pleas in court. "Defendants intended the publication of photographs of the plaintiff," the complaint reads, "to bring public attention to plaintiff with resulting negative consequences, including but not limited to public humiliation, emotional distress, adverse employment consequences and turmoil in his relationships with family and friends."

"Our parks are for family use," Lowry told the Johnson City Press. "People should not be exposed to this while they are out there with their family or trying to enjoy the walking trails. They are not built nor maintained for sexual activity, be it homosexual activity or heterosexual activity."

One spot targeted by police over a two-week period in September of 2007 was known as the "Man Cave," a secluded patch of underbrush that resembles a cave. According to investigators, men would visit the "Man Cave" at any hour of the day to engage in sexual activity with other men.

"I just thought I was in trouble for urinating in public," Ken Giles, 54, told ABC News, saying that he was only leaving the trail to use the bathroom. An undercover officer said that Giles exposed himself. "I was horrified," Giles said, on discovering that his picture had been printed in the newspaper and the story was on the front page.

"In America, the police do not get to add an extra punishment to people they don't like," said Supervising Senior Staff Attorney Greg Nevins, based in Lambda's Atlanta office. "They also do not get to ignore the principle of innocent until proven guilty. The JCPD went out of its way to humiliate Mr. Giles and caused irreparable damage."

One man out of the 40 arrested has committed suicide, and Giles lost his job as a nurse at the VA hospital as a result of his arrest. "I don't understand how the police department can release photos of one group and not any others," he said. "I lost my livelihood because my arrest was treated differently."

A teacher and a pastor were among those arrested and charged. The men ranged in age from 26 to 85 and lived in Tennessee and nearby Virginia and North Carolina. Giles ultimately pled guilty to disorderly conduct and indecent exposure, though he said that he did so to avoid the possibility of worse consequences if he went to trial. He was sentenced to 30 days of probation, $260 in fines and a suspended sentence of five months and 29 days.

"When I lost my job over it my wife was so upset and distraught and distressed that she had a major heart attack," Giles added. "Right now, it's just about destroyed my life."