Jul 13th, 2009
Posted by Paul Cates, LGBT Project at 5:29pm	LGBT Rights

Trouble in El Paso

According to recent media reports, a group of five men were kicked out of an El Paso Chico’s restaurant on June 29 after security guards spotted two of the men kissing. The security guards are alleged to have told the men that “faggot stuff” wasn’t allowed in the restaurant. Police were called to the scene by both parties, but instead of assisting the men, the responding officer reportedly threatened to cite them for “homosexual activity.” Police reportedly told the men that same-sex kissing was forbidden in public.

First, Chico’s, actually that “faggot stuff” is allowed in your restaurant. Although neither Texas nor the federal government has seen fit to enact a law barring discrimination based on sexual orientation and gender identity in public accommodations, the city of El Paso has. That means you must treat LGBT people the same way you treat everyone else.

As for the police: kissing is not a crime – not even for gay couples. While it’s true that Texas still has a law on the book barring consensual “sodomy,” that law was struck down by the U.S. Supreme Court back in 2003. And even by the wildest stretches of imagination, that law didn’t pertain to kissing.

The ACLU of Texas and Equality Texas are asking city officials to investigate the matter. Meanwhile, local activists staged a protest over the weekend that was attended by more than 50 people. Clearly, that can’t be good for business.

This incident is eerily similar to an instance a few months back where a gay couple and three of their friends were called “faggot” and other anti-gay slurs at a McDonald’s in Louisville, Ky. We filed a complaint under the local civil rights ordinance that resulted in an apology and a settlement from McDonalds. If Chico’s is wise, it will follow McDonald’s lead and act quickly to make amends.

Permalink |	LGBT Rights

1. Rob Says:
   Jul 13th, 2009 at 5:54pm

   Well chaulk one up for the good guys. Its a private business if they dont want gays kissing they dont have to have it. Welcome to America. Isnt that what the ACLU stands for? Rights for everyone? What about the rights of the people that own the place? Or the people that are the customers? All I read is poor gay people this, poor gay people that. For once someone stood up for n there rights and you guys bash them for it. Your no different the the people you are writing about.

2. Paen Says:
   Jul 14th, 2009 at 2:37pm

   I am reminded of some grafiti I read back in the 70s.A kiss needs a mustache like a fish needs a bicycle.

3. roald Says:
   Jul 14th, 2009 at 8:26pm

   Rob...The point is that the business owners did not treat straight and gay couples the same. How would you react if a store owned by a gay person tossed you out for kissing your girlfriend/wife while allowing a gay couple to do the same? Shrug and say its their right? What if a store tossed you out because you are a (making this up) Baptist and they don't like Baptists?

4. Danielle Says:
   Jul 15th, 2009 at 10:12am

   Seeing gay people is sickening, and if I had seen it, I'd lose my appetite. So Chico's probably wants to prevent people from not wanting to pay for their food because of their loss of appetite. I try to protect my children from seeing horrific stuff, this would be horrific for them. A man and a woman kissing does not go against nature or God!

5. Rob Says:
   Jul 15th, 2009 at 11:58am

   roald... Welcome to America. If they kicked me out for kissing my girlfriend 1st my wife would be pissed to find out that I had a girl friend. HAHA. No I REALLY wouldnt have a problem with it. The problem is not kissing between a man and a women its between two of the same sex kissing. Its just not right and I dont want my family around that stuff. I think the business owners did the right thing. You have to think it is a business. Is that business going to allow this and maybe lose all of its customer base? Just for two gay customers. NO! This might actually bring more people to this business because people will see that they can eat without seeing gay people kissing. I really hope I dont see gay rights in my life time. I am 35.

6. roald Says:
   Jul 15th, 2009 at 1:16pm

   Rob, how can you place your values over mine and over those in the Constitution and over the law?

   You, of course, have the right to go elsewhere. What will happen when you run out of places to go?

7. Miranda Says:
   Jul 15th, 2009 at 5:43pm

   Chico's is not a private establishment. It is public, therefore it must abide by the civil liberties or rights of all people, it cannot discriminate.
   Maybe they could put up a loud sign that would forbid kissing in the restaraunt, period, for anyone regardless of sexual orientation.

8. Miranda Says:
   Jul 15th, 2009 at 5:47pm

   I personally believe that most people who have a shred of class, will not show romantic affections in any public place.

9. Paen Says:
   Jul 16th, 2009 at 3:00pm

   Rob Gays and Lesbians are here to stay and all of your whinning about will not change that fact.Furthermore what is digusting is the violence that the Gay community is subjected to because of folks like you and Danielle.

10. Scott Says:
    Jul 21st, 2009 at 11:38am

    Rob,

    Being a private business does not exempt Chico's from following laws which prohibit discrimination based on sexuality. "Private" is not a catch-all term for "do whatever the hell you like and spit on the thought it might be to the detriment of someone else." The rights of private business owners to not extend to those actions which would impinge upon the rights of others.

11. Rob Says:
    Jul 22nd, 2009 at 1:39pm

    Scott, I am also a small business owner and you have the right to not serve people you do not want. Look it up. Stop being closed minded and know the law if you want to talk about it.

12. Scott Says:
    Jul 22nd, 2009 at 8:24pm

    Rob,

    I'm afraid you're only partially correct. The restaurant is indeed a private business and as a (hypothetical) restaurant owner, you are allowed to refuse service. However, a restaurant is also considered a location of public accommodation and is subject to equal protection law. This restricts the right to refuse service based on arbitrary conditions such as race.

    However, as far as I can tell, the current protections of equal rights/protection law in the constitution do not extend to sexuality in this situation. So yes, if you're so inclined, you may eject gays and lesbians it seems. But not, I will caution you, who ever you so please to eject.

    As I said before, the right of the restaurant owner to eject patrons does not protect any actions of the owner which would otherwise impinge on the rights of the patrons. In this case, the law does not yet specify sexuality as an arbitrary characteristic, and so homosexual patrons can be ejected on this basis.

    I suggest you read up on the laws concerning your business. You may avoid unpleasant situations in the future by doing so.

    The restaurant owner might have had an easier sell if he'd angled the kiss as unhygienic behaviour in the restaurant, which is considered a valid justification for refusal of service.

13. Scott Says:
    Jul 22nd, 2009 at 9:05pm

    Whoops,

    How silly of me. It appears that El Paso has made the requisite amendments to prevent ejecting patrons on the basis of sexuality.

    I wonder if there is a helpful directory of cities which have made such moves.

    My apologies for my error above.

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