City drops charges stemming from Rainbow Lounge raid in July 2009

Man who suffered brain injury in raid had been facing public intoxication, misdemeanor assault charges

Tammye Nash  |  Senior Editor nash@dallasvoice.com

FORT WORTH — The Fort Worth City Attorney’s office announced last week that it had dropped all charges against Chad Gibson and other individuals arrested in the June 28, 2009 raid on the Rainbow Lounge.

Gibson was hospitalized for a head injury he incurred during the raid, although questions remain about whether Gibson was injured when an agent with the Texas Alcoholic Beverage Commission slammed him against a wall in the club and then threw him to the floor, or when Gibson fell on the sidewalk outside while he was handcuffed.

Gibson was charged with misdemeanor public intoxication and misdemeanor assault on a law enforcement officer after TABC Agent Chris Aller said Gibson groped him while he was attempting to arrest Gibson.

However, Aller and the second TABC agent involved in the raid, as well as their supervising sergeant, were fired after TABC officials conducted an internal investigation and determined that the agents should not have raided the bar in the first place.

An internal investigation conducted by the Fort Worth Police Department also indicated that FWPD officers involved in the raid had violated procedures, and three officers were suspended for a total of five days as a result.

A second Rainbow Lounge patron, George Armstrong, said he suffered severe bruising and a muscle strain when police arrested him. He was charged with misdemeanor public intoxication.

Adam Seidel, attorney for both Gibson and Armstrong, said he had received a notice from the court in the first part of last week that Gibson’s case had been set for jury trial on Dec. 7. Shortly afterward, however, he was notified by the court clerk that the charges had been dismissed.

“I am glad they did the right thing and dropped their charges against these two victims. It shows a commitment to move forward,” Seidel said.

City officials issued a statement Friday afternoon, Nov. 19, saying that Class C misdemeanor charges stemming from the Rainbow Lounge raid against Dylan Brown and Jose Macias, as well as Gibson and Armstrong, had been dropped, but declined to comment further.

According to the statement, the charges that have been dismissed were public intoxication charges against Jose A. Macias, Dylan T. Brown, Armstrong and Gibson. A charge of assault by contact against Gibson was also dropped.

Gibson suffered bleeding in his brain and is still receiving treatment for his injuries, according to Tom Anable, president of Fairness Fort Worth.

FFW was formed in the wake of the raid initially to help witnesses give testimony for both FWPD’s and TABC’s internal investigations. The organization has since become more formally organized and has been directly involved in negotiations with city officials that played a role in the vote to add protections for transgenders to the city’s nondiscrimination policy and in the recent vote to offer partner benefits to the city’s LGBT employees.

Anable said Thursday, Nov. 18, that Fairness Fort Worth is pleased with the city’s decision to drop the charges against Gibson and Armstrong.

“I think they finally just realized that the facts of the case didn’t support the charges,” Anable said. “I think this is a real positive step forward. It’s a show of good faith as we continue to resolve the issues related to the incident at the Rainbow Lounge.”

This article appeared in the Dallas Voice print edition November 26, 2010.

—  Michael Stephens

BREAKING: Fort Worth city attorney drops charges against Rainbow Lounge patrons

This photo, taken by Chuck Potter inside Rainbow Lounge on June 28, 2009, is believed to show TABC agents arresting Chad Gibson

A spokesman in the office of Fort Worth Mayor Mike Moncrief has just confirmed reports we received earlier this morning that the city attorney’s office has dropped all charges against Chad Gibson and George Armstrong in connection with the June 28, 2009 raid on the Rainbow Lounge.

The spokesman said the city would release a statement later this afternoon, so watch Instant Tea for updates.

Gibson was hospitalized for a head injury he incurred during the raid, although questions remain about whether Gibson was injured when an agent with the Texas Alcoholic Beverage Commission slammed him against a wall in the club and then threw him to the floor, or when Gibson fell on the sidewalk outside while he was handcuffed.

Armstrong, who said he suffered severe bruising and a muscle strain when police arrested him, was charged with misdemeanor public intoxication.

Gibson was charged with misdemeanor public intoxication and misdemeanor assault on a law enforcement officer after TABC Agent Chris Aller said Gibson groped him while he was attempting to arrest Gibson. However, Aller and the second TABC agent involved in the raid, as well as their supervising sergeant, were fired after TABC officials conducted an internal investigation and determined that the agents should not have raided the bar in the first place.

An internal investigation conducted by the Fort Worth Police Department also indicated that FWPD officers involved in the raid had violated procedures, and three officers were suspended for a total of five days as a result.

Adam Seidel, attorney for both Gibson and Armstrong, said he had received a notice from the court earlier this week that Gibson’s case had been set for jury trial on Dec. 7. Shortly afterward, however, he was notified by the court clerk that the charges had been dismissed.

“I am glad they did the right thing and dropped their charges against these two victims. It shows a commitment to move forward,” Seidel said.

Gibson suffered bleeding in his brain and is still receiving treatment for his injuries, according to Tom Anable, president of Fairness Fort Worth.

FFW was formed in the wake of the raid initially to help witnesses give testimony for both FWPD’s and TABC’s internal investigations. The organization has since become more formally organized and has been directly involved in negotiations with city officials that played a role in the vote to add protections for transgenders to the city’s nondiscrimination policy and in the recent vote to offer partner benefits to the city’s LGBT employees.

Anable said Thursday that Fairness Fort Worth is pleased with the city’s decision to drop the charges against Gibson and Armstrong.

“I think they finally just realized that the facts of the case didn’t support the charges,” Anable said. “I think this is a real positive step forward. It’s a show of good faith as we continue to resolve the issues related to the incident at the Rainbow Lounge.”

—  admin

‘Don’t ask, don’t tell’ injunction now up to judge

JULIE WATSON  |  Associated Press

SAN DIEGO — U.S. government lawyers are trying to stop a federal judge from issuing an injunction that would immediately do what President Obama has yet to accomplish so far in his first term: Halt the military’s ban on openly gay troops.

Now it is up to U.S. District Court Judge Virginia Phillips to decide if she is willing to do that.

The White House says the legal filing Thursday, Sept. 23 by the U.S. Department of Justice attorneys in a federal court in Riverside follows government procedure by defending an act of Congress that is being challenged, but it does not detract from the president’s efforts to get ‘don’t ask, don’t tell’ repealed.

“This filing in no way diminishes the president’s firm commitment to achieve a legislative repeal of DADT — indeed, it clearly shows why Congress must act to end this misguided policy,” White House Press Secretary Robert Gibbs said in a statement e-mailed to The Associated Press.

Phillips declared the military’s “don’t ask, don’t tell” policy unconstitutional in her ruling Sept. 9 following a three-week, non-jury trial and said she would issue a nationwide order to stop the ban. She asked both sides for input first.

The Log Cabin Republicans, the gay rights organization that filed the lawsuit to stop the ban’s enforcement, wants her to issue an order that would stop the policy from being used to discharge any U.S. military personnel anywhere in the world.

Their attorney, Dan Woods, called the Department of Justice’s objections to the possible injunction hypocritical. He said the administration should be seizing the opportunity to let a judge do what politics has not been able to do.

“It’s sad and disappointing that the administration would file such a document days after it urged Congress to repeal ‘don’t ask, don’t tell,”’ Woods said.

In their court filing Thursday, U.S. Department of Justice attorneys argued the possible move would be “untenable” and that Phillips would be overstepping her bounds by halting a policy under debate in Congress.

Instead, she should limit any injunction to the 19,000 members of the Log Cabin Republicans, which includes current and former military personnel, the lawyers said.

“A court should not compel the executive to implement an immediate cessation of the 17-year-old policy without regard for any effect such an abrupt change might have on the military’s operations, particularly at a time when the military is engaged in combat operations and other demanding military activities around the globe,” federal attorneys said in their objection.

The “don’t ask, don’t tell” policy prohibits the military from asking about the sexual orientation of service members. Under the 1993 policy, service men and women who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base, are subject to discharge.

In her ruling, Phillips said the policy doesn’t help military readiness and instead has a “direct and deleterious effect” on the armed services by hurting recruiting during wartime and requiring the discharge of service members with critical skills and training.

—  John Wright