by ABC-7 Reporter/Anchor Celina Avila

EL PASO -- A group of gay men say they were discriminated against by security guards and El Paso police officers because of their sexual orientation.

It was a late Sunday night when Carlos Diaz de Leon and a group of his friends decided to stop by Chico's Tacos for a late-night dinner.

They said they were minding their own business when security guards inside asked them to leave.

"Two of my friends were actually were kissing," Carlos said. Two of Carlos' male friends, that is.

"We went, sat down to eat our food and security guards came and said that if they kept doing that, they were going to throw us all out of the restaurant."

Carlos said he then asked them why? Their response, according to Carlos: "They said 'we didn't allow that gay stuff to go on here.' "

ABC-7 contacted Chico's Tacos management and they said they had no comment.

All American International Security stands by their two security guards. General manager Ramon Galindo did not want to give an on-camera interview but said in a phone interview that the group was being loud and rowdy.

He said the security guards have had trouble with the group before, something Carlos denies.

"Very quiet, we're very low profile. I mean we're business owners, we're professionals," he said.

Carlos said he and his friends did not deserve to be harassed, so he called someone else.

"Here I am calling the police to help us out and the police turned against us, I mean, who are you going to call now if you can't call the police department?"

That's because, Carlos says, the officers told him something that didn't make sense.

"Told us it was against the law for two males and two females to kiss in public, that they could cite us for homosexual activity."

While there is a homosexual conduct ordinance in the state's penal code, "We don't enforce that law, there's been court decisions about Texas' law on that. We don't enforce it and what happened there wouldn't have even have met the elements of the offense, even if it had been enforceable," said El Paso Police Department spokesman Chris Mears.

The police department admits the situation was not handled properly by a rookie police officer, but deny it was discrimination.

"Did he make a comment that he shouldn't have made? Yeah, he did...but that comment I don't think was discriminatory in nature, I think it was poor understanding of the law," Mears said.

Carlos says he just wants to make sure the humiliating experience doesn't happen again.

"In this day and age, I don't think it should be happening to myself, my friends or anybody else. You know, today us, tomorrow it could be anybody else," he said.

Carlos said he has contacted an attorney and he and his friends are filing a complaint against the two police officers with the department's Internal Affairs.

ABC-7 viewer comments:

I am offended and I think a business has the right to tell those individuals what they did. Even if it was a heterosexual couple making out, they don't need to be doing that. The security had every right to tell them to take it somewhere else.

- Beth, Eastside

Regarding the gay guys at Chico's Tacos: seems to me they're just looking for a way to file a discrimination lawsuit or complaint against Chico's Tacos and P.D. They have obviously been to the restaurant in the past and caused a disturbance even if that "professional" guy is denying it. It doesn't matter to me who is gay or who is lesbian but I really don't care to see anyone making out in public, whether they're gay or heterosexual, much less when I'm with my family eating at a restaurant. If you want to make out, keep it private. And you have to admit (if you have ever seen gays or lesbians kissing in public), their objective is to call attention to themselves. Even if it's not illegal, nowadays it seems that many people don't know what the meaning of public decency is.

-Ralphie, Eastside

I am the proud parent of a gay daughter - Anybody no matter there preference has every right to show affection in public as long as its tasteful - even straight people slobbering each other should not be allowed - Carlos good luck I hope you get a good lawyer.

-Cindy, Central El Paso

On the subject of gay men kissing at Chicos Tacos, all must remember that the proprietor has the right to refuse service to anyone and I believe that the security guard did the right thing. I believe that anyone kissing in any public establishment even straight and moreso GAY is very offensive.

-Rudy, East El Paso

In regards to the kissing incident at the Montwood Chicos Tacos. What two consenting adults do in private is nobody's business; however, Chicos Tacos is a family oriented restaurant which I do happen to visit often with my children and grand children so decency is important. If I wanted to see improper behavior I'd go to a bar or other adults only setting. Regardless of sexual preference, anyone who is feeling romantic should get a room. A simple closed mouth kiss, hugging or hand holding is always ok, but we should respect young children, older citizens and most of all one self.

-Candee, East El Paso

As an adult I wouldn't be offended if men kissed men and women kissed women in public, but I would find it VERY offensive if they did not respect the fact that children may be present.

-Diane

I would find it and have found it very offensive when homosexuals are kissing in a restaurant.

-Lloyd

Regarding the Chico's Tacos incident: regardless of sexual preference, there is a time & place for everything, including public displays of affection (kissing, hugging, etc.) When taken to extremes it can be offensive & inappropriate. I wouldn't want my children or elderly parents (or ourselves!) forced to witness such displays. It's one thing to hug a friend or loved one in public, like in a greeting, etc. but anything more than that should be reserved for a more private setting.

-Will and Diane, West El Paso

After hearing the story of the El Paso men being discriminated against and then hearing ABC 7 news ask if we would be offended if we saw two men or women kissing I was speechless. People who have a different sexual orientation than us are still our neighbors, friends and family members. The sooner we accept them as a vital part of our community the better. The same discussion was happening more than 40 years ago but then it was if Mexicans and inter-racial couples offended us. Discrimination is discrimination!

-Sarah, Las Cruces

21.06. Homosexual Conduct

(a) A person commits an offense if he enganges in deviate sexual intercourse with another individual of the same sex.

(b) An offense under this section is a Class C misdemeanor. Deviate sexual intercourse is further defined not to include contact between two men kissing, but you can imagine. And it can include the straight community as well.

My concern is that every time you air the Chico Tacos incident, you continue to show the 'Homosexual Conduct' outdated misdemeanor that the police refer to without actually defining what that 21.06 statute means and when it was overturned Lawrence v. Texas. It used to be a felony in the 70s before we campaigned (Baker) to make it a Class C misdemeanor. So I am not surprised that our community is not informed. These policemen were probably in diapers when we were fighting for these rights back then. Education is the key-- still!

-Richard, East El Paso

Everyone has a right to do what they want. If it was between a man and a woman they wouldn't be making such a fuss. This is America and people are free to do what they want.

-Central El Paso resident

I find it very offensive about those two gay guys kissing in public! What if my children or grand children were watching, and I am trying to teach them Christian values, which Excludes homosexuals, since the Bible says it is wrong! I hope Chico's, the Security men, and the Police win, and this stupidity will stop. We, the American Family, need to stand up for our rights.

-Judy, East El Paso

I am not anxiously awaiting the birds and bees talk with my two daughters. I am less excited about having the talk about the birds and birds and the bees and the bees, especially if it is forced due to two inconsiderate homosexuals kissing in public. Intimate displays of affection should be kept private.

-RP, West El Paso

You stated on your newscast that two men were kissing inside a public eating place. I have no problem with this fact. However, if my children would have been there, it is not appropriate, because it would make them think it is okay for people of the same sex to kiss in public. You wouldn't want your children to see that in public. You didn't mention that on your newscast.

-Roy, Eastside

About the two gay men: I am on the Police officers side--they are correct. I looked up the Texas Statutes Penal Code under Homosexuality at 21.07 Public Lewdness: (A) A person commits an offense if he knowingly engages in the following acts in a public place and is reckless about whether another person is present who will be offended or alarmed (4) making reference to act involving contact between person's mouth. There you have it.

- East El Paso

Hello news channel seven team. I was watching your news report on the descrimination case of the two gay male individuals who were at chicos tacos.I believe No one should be discriminated especially by our law enforcement who are suppose to serve to protect us. I think it's great that you guys covered the story because it'll further lessen the possibility that the EP police department will make this kind of mistake again. I also would like to suggest a possible idea to report because i think it's a major problem in our community. Just about everyday I see Police officers failing to obey the traffic laws that we citizens must follow. I think it's important to obey traffic laws for obvious safety reasons but i also believe many police officers take advantage of being the law and don't follow by the rules that we should all be following. (Not putting their signal lights when turning happens all the time, not making a complete stop, speeding!! just to mention a few) Maybe it would help to show this on the news and publicly announce that what they are doing is not right. Why are we punished with expensive fines and they aren't. That's also discrimination. I bet many people feel the same way I do and we all see it on the streets. We shouldn't be afraid to speak out as a community and address issues. I think it would be a great problem to report and i guarantee reporters wouldn't have trouble capturing them making all sorts of infractions. I hope you will consider this idea because i feel like it would show that we as a community see what's happening and will stand up for what's right. Thank you for your time.

-Jess, Lower Valley

The officer called to the incident at the East Side Chico's Tacos stated it was illegal for two men or two women to kiss in public. I recall when the P.E.T.A organization placed two women in public view to promote their cause, those women were kissing very intimately. Men don't have a problem with that but when it's men, well that's different. Always the double standard.

-Ann, East Central El Paso

I wanted to make a comment about the situation at chico's tacos. For everyone, not just gay people "there is a time and a place to get hot with someone" It is disgusting to see anyone making out in public. Have respect for those around you, especially the children!

-Elizabeth, Eastside