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ACLU of Texas Demands Inquiry on Anti-Gay Discrimination in El Paso Restaurant

Sunday, July 12, 2009

By ACLU

AUSTIN – The American Civil Liberties Union of Texas Thursday called for an official investigation of the El Paso Police Department response to a June 29 incident when a group of men were reportedly ejected from Chico’s Tacos, an El Paso restaurant, apparently because two of the men kissed each other.

The ACLU of Texas, the state affiliate of the national non-profit civil rights organization, and Equality Texas, a statewide LGBT advocacy group, urged city officials push for an investigation of this reported incident as advocacy groups mobilized to protest both Chico’s and the City’s actions relating to the matter.

"We’re extremely concerned that the actions of the restaurant employees and the El Paso police may have violated the law," said ACLU of Texas legal director Lisa Graybill. "The City of El Paso prohibits restaurants from refusing service to anyone based on their sexual orientation, and the police should have enforced that ordinance.”

The group of men was reportedly at Chico’s on June 29, when they were asked to leave by private security guards who saw two of the men kissing. According to news reports, the guards 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.

"It is absolutely shocking that an El Paso police officer would be so poorly trained on the law," said ACLU of Texas staff attorney Fleming Terrell. "No such prohibition exists under city, state or federal law, nor would the Constitution permit it."

The Supreme Court has long held that discrimination on the basis of sexual orientation violates the Constitution's guarantee of Equal Protection when it bears no rational relationship to any legitimate state interest. Although a statute prohibiting homosexual sodomy remains on the books in Texas, it is no longer enforceable. The Supreme Court found the statute unconstitutional in a landmark 2003 decision, Lawrence v. Texas, a case in which the ACLU and ACLU of Texas submitted a friend-of-the-court brief....(Remainder.)

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