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Calls for investigation into police after El Paso restaurant ejects two men for kissing


By Daniel Tencer

Published: July 10, 2009
Updated 4 months ago




Gay-rights proponents protested outside a Chico’s Tacos restaurant in El Paso, TX, on Friday after media reported that five men were ejected from the restaurant because two of them were seen kissing.

The American Civil Liberties Union has called for an investigation into the El Paso Police Department over its handling of the situation.

According to the El Paso Times, in the early morning hours of June 29 police responded to a call to a Chico’s Tacos restaurant in El Paso after security guards at the eatery ordered five men to leave the premises after two of them were seen kissing.

The restaurant patrons allege one of the security guards told them the restaurant didn’t allow “that faggot stuff” on the premises.

Under El Paso by-laws, it is illegal for restaurants to discriminate on the basis of sexual orientation, the ACLU says.

But, instead of enforcing the by-law, police allegedly threatened the restaurant patrons with a citation for “homosexual activity.”

According to the local Fox affiliate, police cited “a Texas law banning homosexual activity,” but “the law, however, has been struck down by the Supreme Court and is not enforced.”

“Police reportedly told the men that same-sex kissing was forbidden in public,” the ACLU stated.

“We’re extremely concerned that the actions of the restaurant employees and the El Paso police may have violated the law,” ACLU of Texas legal director Lisa Graybill said in a statement. “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.”

On Friday, protesters demonstrated outside the Chico’s Tacos location for the second day in a row, the local ABC affiliate reports.

Carlos Diaz de Leon, one of the men involved in the altercation, has filed a complaint with the El Paso police. ABC reports that he has been the subject of hate calls since the story broke in El Paso over the past few days.





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