In 9 years, 53 complaints of anti-gay discrimination in Dallas, but 0 prosecutions

A total of 53 complaints have been filed under a nine-year-old Dallas ordinance that prohibits discrimination based on sexual orientation, but the city has never taken one of the complaints to court.

The city released statistics on the complaints to Dallas Voice this week in response to a request under the Texas Public information Act.

A city ordinance passed in 2002 prohibits discrimination based on sexual orientation in employment, housing and public accommodations. The definition of sexual orientation includes gender identity. Each violation of the ordinance is punishable by a maximum $500 fine.

The statistics from the city show that 49 of the 53 complaints have been closed, while four are pending.

In 32 of the 49 closed cases, or almost two-thirds, the City Attorney’s Office determined that there was no cause to prosecute. Here is a breakdown of the other dispositions:

• Five of the complaints were dismissed because they were non-jurisdictional, meaning they occurred outside the city or involved an entity that is exempt from the ordinance.

• Five of the cases were resolved by “conciliation,” or mediation.

• Four of the complaints were withdrawn, after the city says they were resolved to the parties’ mutual satisfaction.

• In three of the cases, the complainant was uncooperative.

Two city councilmembers, Angela Hunt and Pauline Medrano, have said they’re reviewing the city’s handling of complaints under the ordinance. Hunt and Medrano launched their investigation in response to a letter from Resource Center Dallas questioning why no complaint has ever been prosecuted.

RCD’s letter, in turn, was prompted by Dallas Voice reports about a discrimination complaint against the Baylor Tom Landry Fitness Center, which refuses to sell family memberships to same-sex couples.

The complaint against the Fitness Center is still pending, as is one filed against the Dallas Morning News for refusing to publish same-sex wedding announcements.

—  John Wright

Houston cops should brush up on city ordinances

On Monday we told you about a transgender woman in Houston who was arrested last week for using the women’s restroom at a city library. The woman, who identifies as female but has not had sexual reassignment surgery, was charged with entering a restroom of the opposite sex.

Again, the woman’s arrest goes against a comprehensive nondiscrimination policy enacted by Mayor Annise Parker that allows people to use restrooms at city facilities based on their gender identity. But as it turns out, regardless of the nondiscrimination policy, this appears to have been a false arrest. That’s because the city ordinance on which the arrest was based clearly states that it’s only a violation if the person enters a restroom of the opposite sex “in a manner calculated to cause a disturbance.” According to TransGriot, a cisgender woman successfully sued the city in 1990 after she was arrested for using a men’s restroom because she didn’t want to wait in the long women’s line. Here’s the city ordinance, taken directly from Municicode, with the relevant portion bolded:

Sec. 28-20. – Entering restrooms of opposite sex.

It shall be unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to such person’s sex without the permission of the owner, tenant, manager, lessee or other person in charge of the premises, in a manner calculated to cause a disturbance.


—  John Wright

Gay couple married via Skype files complaint against DMN for not publishing announcement

Mark Reed-Walkup, left, and Dante Walkup

A gay couple has filed a discrimination complaint against The Dallas Morning News for refusing to publish their same-sex wedding announcement.

Mark Reed-Walkup and Dante Walkup, who were legally married in Washington, D.C., in October, filed the complaint on Friday. The couple’s wedding has made international news in recent weeks because it was held in Dallas but officiated from D.C. via Skype.

Reed- Walkup said he’s been trying for several weeks to get The Morning News to publish their paid announcement in its “Weddings” section. But the newspaper has refused due to a policy that says same-sex wedding announcements can only be published in a separate section called “Commitments.” The policy reportedly is based on the fact that same-sex marriage isn’t legal in Texas.

The couple filed the complaint under a city ordinance that prohibits discrimination based on sexual orientation in employment, housing and public accommodations. Reed-Walkup says he believes wedding announcements, which are paid advertisements, constitute a public accommodation.

“Our ultimate goal is for the newspaper to realize that this is discrimination and change their policy,” Reed-Walkup said. “They [the city] may agree with the newspaper that because of the ban on same-sex marriage in Texas, they have every justification to not publish it in the ‘Weddings’ section. At least we can say that we tried, and take it from there.”

Beverly Davis, director of the city’s Fair Housing Office, said she didn’t receive the complaint until Monday.

“We just got it,” Davis said Monday afternoon. “I haven’t had time to make an assessment yet.”

The Fair Housing Office investigates complaints under the ordinance before turning them over to the City Attorney’s Office for possible prosecution. Each violation of the ordinance is punishable by a $500 fine.

Jim Moroney, publisher and CEO of The Morning News, couldn’t immediately be reached for comment.

—  John Wright