In 1985 and 1986, the Lexington Police Department conducted an investigation in response to complaints over men soliciting sex, as well as reports of juvenile prostitution.
[3] Part of their investigation involved conducting sting operations, wherein a police officer would pose as a potential client and wait until the suspect expressed their intent to violate the sodomy law to either arrest them or issue a citation.
[1][5] In an interview, Wasson stated that he struggled to stay employed between 1986 and 1993 due to the sensationalism of his case, explaining that "Every time it hit the paper or TV, I'd be out looking for a job.
After the court ruled in his favor, Wasson reported that his health improved considerably, moving in with a partner and starting a nursing supply store (Medical Professionals Unlimited).
The prosecution, led by attorney Jack Giles countered this by arguing that homosexuals' right to engage in intercourse was technically not protected under the Constitution.
[5] On October 31, 1986, Fayette District Judge Lewis Paisley declared the law unconstitutional on the grounds that it violated the person's right to privacy.
[1][8] He did not address Scorsone's equal protection argument and instead ruled that, "because the law prohibited conduct between consenting adults, it violated a person's right to privacy as guaranteed under Section 1 of the Kentucky Constitution.
[4] The Court, led by Justice Charles Leibson, agreed with Judge Lewis Paisley's original ruling that the law was unconstitutional due to its violation of a person's right to privacy under the Kentucky State Constitution.
In his statement, Liebson wrote, "We need not sympathize, agree with, or even understand the sexual preference of homosexuals in order to recognize their right to equal treatment before the bar of criminal justice.