The El Paso City Council adopted an ordinance making discrimination against gays a misdemeanor offense in 2003, but no such complaint has ever been filed.

Meanwhile, El Pasoans are still hashing over the incident that occurred shortly after midnight on June 29 at the Chico’s Tacos restaurant on Montwood when five gay men were ordered to leave because two of the men kissed each other.

The group refused to leave and called the police instead. But the rookie officer who responded sided with the two security guards in ordering the men to leave after they had placed their orders and sat down at a table.

The incident has created a furor in El Paso’s gay and lesbian community, upset civil rights proponents and some City Council members and led to days of protests outside and inside the Chico’s on Montwood.

The police officer reportedly cited a Texas sodomy law that the U.S. Supreme Court struck down as unconstitutional in 2003. The law never applied to kissing.

That Supreme Court decision was the basis for El Paso’s ordinance, which was intended to extend civil rights protection to two areas not specifically protected by federal law: sexual orientation and gender identity. (Download a copy of the ordinance below)

The young officer, whom the Police Department will not identify, evidently did not file a report after the incident, and the department has taken no action against him, police spokesman Officer Daryl Petry said Friday.

“He’s still on regular duty,” Petry said. “Internal Affairs received a formal complaint, and they will be conducting their investigation. Depending on its results, we’ll move on from there.”

El Paso city Rep. Beto O’Rourke said he thinks the officer should be faulted for not knowing the law and not being familiar with the city’s ordinance against discrimination.

“He should be (in trouble) if he isn’t,” O’Rourke said. “That officer should have cited Chico’s Tacos. Not only should he have not have harassed those men, he should have gone after Chico’s Tacos.

“I can’t speak for all of City Council, but I think we all feel that way.”

Violation = $200 fine

A violation of the ordinance is a $200 fine, and anyone can file a complaint with the city prosecutor’s office in the MDR Building 810 E. Overland.

But the Senior Assistant City Prosecutor John Nance said the police officer could have issued a citation on the spot if he thought the city’s ordinance was being violated at Chico’s.

The ordinance, entitled “Discrimination in places of public accommodation -- declared unlawful,” states:

“It is unlawful for any person, firm, association or corporation, or any agent, servant or employee thereof within the city, to refuse, deny or withhold from any person, for any reason directly or indirectly relating to the race, gender, gender identity, sexual orientation, color, religion, ethnic background or national origin of such person, any of the accommodations, advantages, facilities or services offered to the general public by place of public accommodation.”

The ordinance lists some places of public accommodation as taverns, hotels, restaurants or any place where food or beverages are sold, retail and wholesale establishments, hospitals theaters and meeting places, among others.

O’Rourke said a resolution on Chico's issue is likely to come up for council action next week.

Call for unified voice on condemnation, support

“We need, in a unified voice, to say that the actions of the police department were wrong and that we are, in fact, a very open and tolerant city.

“I think all of us were really upset by what happened at Chico’s and embarrassed by the actions of our officer, and not jut the officer but the security guards.”

O’Rourke said he and Rep. Steve Ortega have very strong feelings on the issue of gay rights and have been working to ensure that the city’s health and pension benefits are extended to same-sex partners.

“Up to this point, we have been doing it in the background, with the city manager, pension administrator and health plan administrator to make sure we were offering all the benefits that heterosexual couples enjoy to same sex couples.

“I think, especially in light of what happened at Chicos, it’s important for people like the mayor to say we are, No. 1, unhappy at the actions of our Police Department and, two, that we are an open, tolerant and welcoming city.

“The next step might be a resolution. … You might see it next week.”

O’Rourke also said he expects the council will ask for a “very detailed answer from the chief as to how he’s going to improve training specific to the ordinance relating to discrimination against sexual orientation.”

Sensitivity training for cops, deputies?

Former Police Chief, Richard Wiles allowed the Puentes GLBT Resources organization to conduct sensitivity training for officers involved in the department’s victims services unit.

“We were talking about doing it with the rest of the officers, but then he resigned,” Cesar Campa, board chairman of Puentes GLBT, said referring to Wiles, who then ran a successful campaign for county sheriff.

The initials stand for to gay, lesbian, bisexual and trans-gender.

Campa said he would like to see his or some other organization conduct training for both police and sheriff’s officers on dealing with people of different sexual orientations.

“The behavior of the officer was just as unacceptable as was the fact that he was not fully versed in the law,” Campa said. “That just drives home the need for this kind of training.”

He said there has been no formal approach made to the Police Department and Chief Greg Allen about training patrol officers and deputies, but there will be now.

“We look forward to developing a relationship with the El Paso Police Department,” Campa said. “They are charged with protecting all the citizens, and we can help them with GLBT issues.”

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To reach David Crowder, write to dcrowder@epmediagroup.com or call (915) 351-0605, ext. 30, or 630-6622.

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