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• Four of the complaints were withdrawn, after the city says they were resolved to the parties’ mutual satisfaction.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

City asks AG’s office whether records related to raid of The Club-Dallas should be released

The city of Dallas has requested an opinion from the Office of the Attorney General of Texas as to whether the city must release records related to the Police Department’s Oct. 8 raid on The Club-Dallas, a gay bathhouse in Deep Ellum.

Dallas Voice has requested, under the Texas Public Information Act, all records related to the 11 arrests that occurred during the raid, as well as all documents related to a complaint DPD says was filed against The Club-Dallas by a citizen that led to the raid.

In a Nov. 2 letter to Texas Attorney General Greg Abbott responding to the Voice’s request, Assistant City Attorney J. Middlebrooks wrote that parts of the requested information are protected from public disclosure. A full copy of the letter is below. The AG’s office has 45 days to issue a decision.

—  John Wright