TOXIC TACOS

Chico's Tacos, El Paso, Texas:

At about 12:30 a.m. on the morning of June 29, the five men were placing their order at the Chico's Tacos on Montwood when the two men made their public display of affection, sparking the ire of two contracted security guards at the restaurant, police and witnesses said. After the group sat down, the security guards told them "they didn't allow that faggot stuff to go on there," and made them leave, de Leon said. An officer arrived at the restaurant about an hour later, after police received five calls, including from the security guards and de Leon. The men were told to leave the restaurant and had anti-gay slurs directed at them while they waited for the police.

"I went up to the police officer to tell him what was going on and he didn't want to hear my side," de Leon said. "He wanted to hear the security guard's side first." The officer informed the group it was illegal for two men or two women to kiss in public, de Leon said. The five were told they could be cited for homosexual conduct - a charge the U.S. Supreme Court ruled unconstitutional in 2003 in Lawrence v. Texas. That same year, the city of El Paso passed an ordinance banning discrimination based on sexual orientation by employees of the city and by businesses open to the public. El Paso Police Detective Carlos Carrillo said a more appropriate charge would probably be criminal trespass. "The security guard received a complaint from some of the customers there," Carrillo said. "Every business has the right to refuse service. They have the right to refuse service to whoever they don't want there. That's their prerogative."

The ACLU and  a local civil rights group made a note that if the lewd behavior is the restaurant's complaint--that standard needs to be applied equally to the straight customers by El Paso law.

100+ protesters show up  at restaurant on Friday:

"About 100 people picketed in front of the Chico's on Montwood, where they hoisted signs that read, 'El Paso is Diversity,' 'What About Our 1st Amendment Rights?' and '...With Liberty and Justice For All.' Protesters lined both sides of the street outside the restaurant, chanted and urged motorists to honk in support. Carlos Diaz de Leon, one of the five men and a leader in the protest, claims that about 12:30 a.m. June 29 he and four others were at Chico's when two of his friends kissed, prompting a private security guard to use an anti-gay slur in Spanish and to call police, who cited a statute on homosexual conduct declared unconstitutional six years ago. The five men are taking steps in possibly mounting a legal challenge against the restaurant, All American International Security and the city of El Paso."

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