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DPD, W hotel investigating gay man’s complaint against officer
GLBT Chamber chair says officer working security at hotel choked him in anti-gay incident after concert
John Wright | Online Editor wright@dallasvoice.com
- Derrick Brown
The chair of the North Texas GLBT Chamber of Commerce filed a complaint this week against a Dallas police officer who allegedly choked him during a confrontation outside the W-Dallas Victory hotel following a Lady Gaga concert on Friday, July 23.
Derrick Brown filed the complaint on Wednesday, July 28, against Officer F. Phelps, who was off-duty and working security for the hotel at the time of the incident.
Phelps, who was in uniform, reportedly accused Brown of grabbing his buttocks as they crossed paths near the street entrance to Ghostbar, a business inside the hotel.
“A group of us were walking to Ghostbar after the concert,” Brown said in a message posted online Saturday, July 24. “The off-duty officer claimed that I grabbed him (which I did not). When trying to tell him so, he grabbed my neck, pushed and pinned me against the wall by my neck telling me to shut up. Needless to say, I am outraged and will ensure action is taken to prevent it happening to someone else in our community.”
Brown was traveling this week and couldn’t be reached for further comment. Another member of Brown’s group who witnessed the incident didn’t respond to a phone message.
Sr. Cpl. Kevin Janse, a spokesman for the Dallas Police Department, confirmed Wednesday afternoon that Brown had filed a complaint against Phelps.
“There has been a complaint filed with our internal affairs division and an investigation has begun into the allegations against the officer,” Janse said. “This process will take some time so that we can conduct a very thorough investigation.”
Janse would not provide a copy of Brown’s complaint, saying the newspaper would need to file a formal records request.
The confrontation with Brown was one of two separate incidents involving Phelps and gay hotel patrons that occurred just minutes apart after the concert at the nearby American Airlines Center.
Another gay leader, Malcolm Gage, alleges that Phelps threatened him with arrest after he tried to enter the hotel to visit a friend who was staying there.
Gage, director of finance at Park Place Volvo and a board member for the national Gay & Lesbian Victory Fund, said he also planned to file a complaint with DPD.
“I took issue with the attitude of the officer and the way he was treating us and what the W did, but with Derrick it’s considerably more serious because he [Phelps] attacked him,” Gage told Dallas Voice. “This guy screams at Derrick and says, ‘You grabbed my ass.’ Derrick’s issue is a much bigger issue.”
Gage said he and his roommate drove from the Lady Gaga concert and parked their vehicle using the hotel’s valet service. As they walked toward the main entrance of the hotel, they were stopped by a security guard who told them they needed a room key to come in.
When Gage explained that they were visiting a hotel guest, the security guard said they would need to call their friend and have him come down to meet them.
Gage, who says he visits the hotel frequently, questioned why this was necessary and said it was a major inconvenience because their friend was already entertaining other guests.
The security guard then summoned Phelps and another off-duty DPD officer. Phelps reportedly told Gage, “Look here man, if you don’t leave the property I’m going to arrest you for criminal trespassing.”
Words were exchanged between the parties before the second DPD officer pulled Gage aside and said, “If this were off [hotel] property then this probably would have been a little more physical removal, so I’m being nice right now by talking to you,” according to Gage.
The hotel’s night manager arrived and asked Gage and his roommate to leave. When Gage asked for a valid reason, Phelps said, “You need to do what I say.”
As Gage and his roommate left, Phelps said things like, “What you going to do now?” according to Gage.
“I would like to notify you that I plan to not only file formal complaints against the officers mentioned, but I will do everything in my legal rights to make sure that this does not happen to another member of the Dallas LGBT community,” Gage wrote in a letter to the general manager of the W hotel. “I feel that we were discriminated against because we were gay and the hotel staff was just as much at fault as the officers involved.”
The general manager, Thomas Caramucci, told Dallas Voice in a statement that the hotel is investigating.
“We are aware of the incident and are currently looking further into the details of the situation, in cooperation with the Dallas Police Department,” Caramucci said. “Please know that the safety and comfort of our guests is our top priority and any and all situations receive our utmost attention. … As you are aware W Dallas-Victory and the W brand are a strong supporters of the LGBT community and we appreciate the opportunity to respond.”
The W Dallas-Victory is owned by Starwood Hotels & Resorts Worldwide, which maintains a perfect score of 100 on the Human Rights Campaign’s Corporate Equality Index.
“As previously stated, the safety and comfort of our guests is a top priority,” Caramucci said in a follow-up statement. “To meet that end, in instances where large crowds are involved (i.e. popular concerts, Victory Park events, New Year’s Eve, etc.) it is our policy to request that anyone entering the front lobby doors present a key card to gain entry after 9:00 PM. Extra security is also hired to help ensure the added safety and enjoyment of our patrons. Though no one involved in Friday’s incident was a hotel guest, we take any situation that occurs on our property very seriously and are continuing to investigate the matter.
“W Dallas-Victory and the W brand are strong supporters of the LGBT community, and the hotel values the relationship and rapport we have built,” Caramucci added. “We have and will continue to demonstrate our support by participating in the local pride parade, Pride in the Park, BubbleQ and other events and fundraisers. Additionally, we offer our Pride 365 Package year-round.”
This article appeared in the Dallas Voice print edition July 30, 2010.
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Really, Malcolm Gage is a “gay leader”?
As Glinda reminded the Witch in the Wizard of Oz: “‘You have no power here. Be gone before someone drops a house on you, too!”
Thank you for publishing an article and headline this week that is balanced and credible. Thank you for checking your information before printing it in this week’s article.
I normally am not a big booster of the DPD, and admittedly, Mr. Brown may have a legitimate complaint with the police, but I find a couple of things about Mr. Gage’s story that lead me to believe there is more to his account. I too, attended the concert and had a drink with friends in the W lobby’s Living Room Bar and polite security personnel and off-duty DPD officers kept an expectedly noisy and slightly rambunctious crowd of mostly gay men from pouring out all over every inch of public space on the ground floor. I completely agree with Mr. Caramucci that the hotel was merely trying to provide safety for its guests, both those staying at the hotel and those in the bar. I suspect that Mr. Gage didn’t like being told what to do and that he probably believes that the rules weren’t meant to apply to him. (We’ve all seen the type)
What is the “major inconvenience” of Mr. Gage taking out his cell phone and calling or texting his friend to take a minute and a half elevator ride to the lobby to escort them upstairs? A major inconvenience is having to drive to DFW to pick them up, not placing a phone call. And nothing in this story backs up Mr. Gage’s claim that the pair was “discriminated against because we were gay.” If the night manager (whose primary task is guest relations) was forced to ask them to leave, it wouldn’t surprise me if Mr. Gage and his friend had had a few too many cocktails and were defensive, disrespectful and full of attitude.
Don’t get me wrong—I am all for standing up and crying foul when there are legitimate reasons to do so, but sometimes we need to step back, take a close look at our own behavior and pick which battles are really worth fighting. Rules are usually in place for legitimate reasons, and unless they are outrageous or unreasonable, we should all do out best to follow them and to be civil to those who have the often thankless job of enforcing them.
in a highly conservative enviroment, there are always those who stand up and defend the police, but there are rarely those who stand up to defend the underdog.
Since two incidents have now surfaced revolving around the same officer, I tend to side with the civilians.
Something is not right here.
I have to admit I’ve been very disappointed in the service of W Hotels in the past, so that might add to my opinion.
Tom, I think the name adds to your distrust. I know it wasn’t named after Bush, but I always think of him when I see that W along I-35.
I’ve read both Voice stories pertaining to this matter and agree that there was more to the story than initially reported. Mr. Brown may have a legitimate complaint but it’s hard to say because this article doesn’t get into much detail about his alleged incident. However, there is enough information in this article for me to agree that Mr. Gage was in the wrong by arguing with hotel personnel and the officer. The fact of the matter is that when you’re told to leave PRIVATE PROPERTY you must comply or be faced with a Criminal Trespass charge. That was the case here. The stated “threat of arrest” was going to be the consequence of violating the Criminal Trespass warning given by the officer. Don’t argue, huff and puff, stomp your feet, tell people you know Lady Gaga, tell the security guard that you’re ALWAYS at the W Hotel, or anything of that nature because the police officer and the law itself do not care and it won’t get you anywhere…except a trip to jail with a fine. I have to agree that the officer was being “nice” by not taking Mr. Gage and his friends to jail. I can guarantee that the officer had enough to worry about without some knuckleheads at the front door who didn’t want to follow the rules and try to get in to see a friend. I would wager to say that both parties made provoking statements escalating the situation. The officer would be in the wrong for getting an attitude and losing his professional bearing.
Until this incident, I have never heard of Mr. Gage or Mr. Brown. I find it hard to call one or both of these men “gay leaders” when it seems that most, including myself, have never heard of these two men. A leader, by definition, is not someone who puts themselves in a compromising position such as this. I hope both of these so-called leaders reflect on their respective situations, get whatever justice may be due to them, and learn something from the remainder of these incidents that didn’t deserve any type of justice. In the same turn, I have never heard of Officer Phelps. I hope the officer gets a swift kick (or several) for any lack of professionalism or excessive force. The officer, himself, is to be a leader of the community-at-large and shame on him for not being a leader that night.