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“From what I saw of the video, I found the group’s behavior disturbing and they were extremely confrontational with the guard,” Mora told police. Owner Bernie Mora told investigators that the tape would have shown that the five men were aggressive and confrontational and at one point they were shown to “jump up and charge at the guard,” but that he didn’t save the recording, the Times said. Surveillance video caught the June 29 confrontation at a Chico’s Tacos restaurant in El Paso in which five gay men were ejected after two of them kissed, but the restaurant owner said he didn’t save the tape, according to documents and interviews obtained by the El Paso Times through the Texas Open Records Act.
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Restaurant owner Bernie Mora, who was unavailable for comment Monday, has said in an earlier interview that the five men were aggressive, confrontational and disrupted other customers, the Times said.ħ:00am 11/3/09 - Surveillance Video of Chico’s Tacos Incident Lost: El Paso restaurant owner says tape would have showed gay men were unruly. “I would like for people to be aware of their rights, and basically, I want equality for everyone.” “I’m doing this because I want to see change, a lot of change,” Diaz de Leon said. Lawyers with the Paso del Norte Civil Rights Project publicly announced the lawsuit Monday along with plaintiff Carlos Diaz de Leon, 32, who said the other four plaintiffs are listed as “John Does” because they fear retaliation, according to the Times. The two and three other men in their group said in the lawsuit they were ordered by the restaurant’s security staff to leave, the paper reported. The case involves two men who kissed at the restaurant and who were allegedly threatened by police with a charge of violating a statute barring homosexual conduct - a statute that was declared unconstitutional in 2003, the Times said. Lawyers with Paso del Norte Civil Rights Project representing the group known as “Chico’s Five” said the lawsuit was dropped after the city agreed to have annual extensive training on El Paso’s existing anti-discrimination ordinance, the paper reported.ĥ:45am 6/29/10 - Gay Men Sue Over El Paso Restaurant Incident: Five claim their rights were violated when they were kicked out of Chico’s Tacos.įive men who claim their constitutional rights were violated at Chico’s Tacos restaurant in El Paso a year ago today filed a lawsuit Monday against the city, a security company and the restaurant, the El Paso Times reported. The incident drew national attention when a police officer allegedly threatened to arrest five gay men for “homosexual conduct” after two of the men kissed, and the group was kicked out of the restaurant in 2009, the Times said. A group of gay men who were kicked out of a Chico’s Tacos restaurant three years ago have settled their lawsuit with the city of El Paso after the city agreed to improve anti-discrimination training for police, the group’s lawyers told the El Paso Times.