Alleged Discrimination Victim Files Complaint Against EPPD Officer
by ABC-7 Reporter/Anchor Ashlie Hardway
EL PASO — Carlos Diaz, the man who alleges a police officer and private security guards harassed him and his friends at Chico’s Tacos for being gay, filed a complaint with the police department’s Internal Affairs Unit Wednesday.
Since we first ran Diaz’s story Tuesday, nearly a dozen viewers wrote e-mails expressing their opinions on both sides of the issue. At least one person’s opinion could incite change to state law.
“We need to send a clear message that this community is tolerant, diverse, and we don’t discriminate in El Paso, Texas,” said Sen. Eliot Shapleigh (D-El Paso).
That’s why our story on recent discrimination against a gay couple struck a nerve with the lawmaker, especially since the police officer who responded to the call at Chico’s Tacos allegedly cited an outdated law.
“That statute shouldn’t be in the books. The real question is why are rookie police even saying that law might be applicable in this case. I think that’s what we need is to go back, get a written report, investigate why that happened and make sure the training is in place to protect basic civil rights in this community,” Shapleigh added.
A police spokesman told ABC-7 Tuesday that the responding officer was a rookie and misinterpreted the law. Section 21-06 of the State Penal Code states a person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex; Carlos Diaz said his two male friends merely kissed on the lips for a second while inside the Montwood Chico’s. Section 21.06 was overturned by the Supreme Court a few years ago.
In 2003, El Paso City Council amended Section 10-16 of municipal law. It’s lengthy, but basically, it states it’s illegal for anyone to deny services, advantages or accommodations to anyone else, regardless of sexual orientation.
A police spokesman said Tuesday this particular incident was isolated, and officers know better than to discriminate.
“You don’t have to agree with everything you see – you can have your own personal beliefs about anything, but you can’t take that to work. You’ve got to leave that at home and do it. I think an overwhelming number of our officers do a good job at that, because we don’t get a lot of these type of complaints which I think is a testament to the fact that we do treat people the same on a regular basis, regardless of their race, ethnicity or sexual orientation,” said EPPD spokesman Chris Mears.
At a City Councilbudgetmeeting Thursday, El Paso Police Chief GregAllen was asked by Council members if he has funding needed for appropriate diversity training, especially for matters dealing with gay and lesbian members of the community. He said yes and that he doesn’t feel this is a systemic problem within the department.
Susie Byrd and Steve Ortega expressed their concerns not only with how the officer dealt with the case, but how PIOs responded. They re-iterated the city’s anti-discrimination policy which expressly forbids discrimination on the basis of sexual orientation.
Look for more on the meeting on ABC-7 at 4, 5 and 6.
