Ruling in Texas gay bar raid: No 'excessive force'

by smkovalinsky | November 5, 2009 at 07:46 am

222 views | 64 Recommendations | 16 comments

The Texas liquor board has cleared its agents of excessive force charges after issuing a 74 page report on the June raiding of the gay bar, the Rainbow Lounge, which led to summer protests and outcries by the LGBT community there.

The Texas Alcoholic Beverage Commission (TABC) on Thursday asserted the Lounge was not targeted because its patrons are gay and lesbian.

The agency also says agents didn’t use " force beyond what was necessary and reasonable" during the operation on June 28 of this year.

(Pictured upper left: Protesters after TABC raid on Rainbow Lounge; picture of 'excessive force' used by agents)

TABC Administrator Alan Steen says that although evidence didn’t show agents targeted the bar or used excessive force, they did violate several policies. A 74-page report of the raid is expected to be ready later Thursday. It was compiled from statements by eyewitnesses, experts, TABC employees and Fort Worth police.

"TABC Administrator Alan Steen says that although evidence didn’t show agents targeted the bar or used excessive force, they did violate several policies."

And what policies, if not intentional targeting and use of excessive force, would those be?

I hear you loud and clear, I had wondered same .....something rotten in the state of TX

It appears from the story that a copy of the report is due today? If you can locate it, I'm sure some readers, including myself, would be interested in reading it.

Yes, I will see if I can find it on the Gay news network, they are good at posting things of that nature. ;)

Thanks! Looking forward to it!:)

I'm not too surprised that a self-investigation came back "clean".

Really! And one very good reason to appoint independent investigators.

Why was it raided in the first place? I looked at that link, but the story there deals with the investigation.

The gays say it was raided because it was gay, and to humiliate them, and I am beginning to agree with them............

Rhonda : Here is the official police statement released in the summer, but recall, this is in the context of many different views from the gays themselves, who all smelled a rat and felt like screaming:What do you think?: http://www.the33tv.com/news/kdaf-rainbow-lounge-fwpd-statement-story,0,1536646.story

Right off the bat -- see paragraphs one and two -- why didn't the Supervisor show up -- no inspection took place; why isn't the owner identified in the second paragraph? And, since when, does law enforcement "schedule" inspections?

You have to have some "probable cause" to have a raid, even as a fig leaf. Even after reading that link, I don't get what the big issue was. Was the bar serving intoxicated individuals?

Look, if the bar was "raided" because it was gay, then there is a problem. If there was a problem with serving intoxicated individuals there, and other places were treated similarly, what is the beef?

According to Lasch, Martin Luther King Jr learned from Reinhold Niebuhr that when resentment comes in, a group fighting for its rights tends to resemble the oppressors in that it wants revenge and special treatment, not equality.

On Thursday evening, June 6, 2009, a TABC Agent entered into NPD2 and teamed up with a patrol officer in order to conduct alcoholic beverage code inspections of area clubs. While they were out, they performed these inspections into the Friday morning hours. At approximately 10:00 p.m., Thursday evening, they stopped by the Rainbow Lounge located at 651 S. Jennings in anticipation of conducting an inspection as this club is newly opened and has not received an inspection before this date. While waiting on the supervisor to arrive, which is standard operating procedure, the owner of the Rainbow Lounge approached the officers asked if there was a problem. The TABC agent explained they were waiting on a patrol supervisor to make the scene before conducting an inspection of his establishment. An inspection at the Rainbow Lounge was not conducted on this date (Friday). Other locations, however, were inspected as a continuing effort to educate and enforce over serving alcohol to intoxicated individuals.

On Saturday morning, June 27, 2009, a person identifying himself as the owner of the Rainbow Lounge called the local police station and spoke with a supervisor to ascertain if there was a problem at the Rainbow Lounge. At approximately 3:30 p.m., a Fort Worth Police sergeant spoke with the owner of the Rainbow Lounge and explained they were conducting alcoholic beverage code inspections in the area. The owner advised the sergeant officers were welcome anytime to conduct an inspection of his establishment. The sergeant advised the owner of the Rainbow Lounge that officers would return to the area this evening to continue inspections and would inspect his establishment.

On Sunday morning, June 28, 2009, at 12:30 a.m., six (6) Fort Worth Police Officers, two (2) TABC agents and a supervisor conducted inspections at 160 W Rosedale (Rosedale Saloon and Cowboy Palace). This inspection resulted in nine (9) arrests. Once the inspection was completed at these locations, officers proceeded to the Rainbow Lounge.

Officers arrived at the Rainbow Lounge to conduct the scheduled inspection. Some officers remained outside while some entered the club. While walking through the Rainbow Lounge, an extremely intoxicated patron made sexually explicit movements toward the police supervisor. This individual was arrested for public intoxication. Another intoxicated individual also made sexually explicit movements towards another officer and he was arrested for public intoxication. A third individual inside the lounge assaulted the TABC agent by grabbing the TABC agent's groin. He was escorted outside and arrested for public intoxication. The decision was made to release him to paramedics due to his extreme intoxicated state as he was repeatedly vomiting. While dealing with this person, another officer requested assistance from inside the club as he had an intoxicated individual that was resisting arrest. This person was placed on the ground in an effort to control and apprehend. A total of seven (7) arrests were made from the Rainbow Lounge during this inspection. The total arrest count for the entire evening totaled 16.

Alcohol beverage code inspections are conducted frequently at establishments located within the city limits of Fort Worth. These are conducted in order to ensure a safe environment for all. A thorough internal investigation into the allegations made is being conducted as all allegations against officers are investigated.

I don't understand how they could be charged with 'intoxicated in a public place' if they were inside a privately owned establishment. That sounds fishy to me.