NOTES FROM PASO DEL NORTE CIVIL RIGHTS PROJECT

LAWSUIT PROMPTS EL PASO POLICE DEPARTMENT TO RECOGNIZE AND TRAIN OFFICERS ON ANTI-SEXUAL ORIENTATION DISCRIMINATION ORDINANCE
Five men who filed a lawsuit against the City of El Paso and various other actors dismissed their case in the wake of a historic settlement that will ensure that restaurants and businesses are inclusive of the gay and lesbian community in the future. On the evening of June 28, 2009, five local men entered Chicos Tacos on Montwood Avenue to enjoy their meal. Two of them shared a peck on the lips. In response, two security guards yelled at them, swore at them, and threatened to throw them out of the restaurant, despite a local ordinance that prohibits restaurants and other places of public accommodation from refusing service on the basis of sexual orientation. When the police arrived, instead of enforcing the public accommodation ordinance, they threatened to arrest the customers for homosexual conduct under a statute declared unconstitutional in 2003. The men later filed suit to compel the City of El Paso and local establishments to respect their rights to equal access to restaurants, bars, and other establishments in El Paso. The suit also claimed that the City had never trained its officers on enforcing the anti-discrimination ordinance. In a public statement, the EPPD police officer who threatened to arrest the patrons apologized for the incident and his mistakes.

Plaintiff Carlos Diaz de Leon announcing the settlement to the press outside of City Hall.

Moreover, the City of El Paso agreed to a multi-faceted settlement. Originally, the City insisted that what had happened was not a violation of the patrons constitutional rights. However, the 8th Court of Appeals disagreed, and found that, as alleged, the City did not properly train its employees and that the officers conduct was a clear constitutional violation. The City has agreed to invest in annual extensive training of its officers on the application of the local antidiscrimination statute. We want every gay or lesbian person in this community to know that if they are discriminated against or thrown out of restaurants for their sexual orientation, they can call the police to enforce our local ordinances without fear of getting arrested, said Carlos Daz de Len, one of the five patrons who was thrown out of Chicos on that night. The resolution ensures that El Paso will be more inclusive and that businesses that discriminate against people in the gay and lesbian community will be punished, said Jed Untereker, attorney at Paso del Norte Civil Rights Project.

Pictured above from left to right: Plaintiff Carlos Diaz de Leon, Texas Civil Rights Project-Houston Attorney, Amin Alehashem, and Paso del Norte Civil Rights Project Attorney, Jed Untereker