by ABC-7 Reporter/Anchor Celina Avila

EL PASO, Texas -- A gay kiss controversy has the owner of Chico's Tacos defending his Eastside eatery.

Chico's Tacos owner Bernie Mora rarely addresses the media but tells ABC-7 he serves up tacos, not discrimination.

Chico's Tacos just celebrated their 56-year anniversary this past Fourth of July. Now a planned protest is aimed at the popular El Paso restaurant chain.

"I have had over 67 text messages this morning, people asking if we need anything they're there for us," said Carlos Diaz de Leon.

Part of that support is people threatening to boycott the popular El Paso establishment Chico's Tacos.

"I'm not trying to get people not to go to Chico's, we love the food at Chico's, everybody loves Chico's," said Diaz de Leon.

But after Carlos and his friends were kicked out of the restaurant after two of his friends - both men - kissed on the lips, he says he's a little disappointed with Chico's. "We are, however, a little bothered that the management didn't step in."

Mora says he was out of town when it happened.

He says after 56 years in the El Paso community he's proud to welcome everyone.

Mora says, "We are here to sell tacos, not to offend anyone."

Still, gay rights activists say what happened at Chico's isn't just a reflection of the popular business.

"They are just as responsible as the security, the policeman and I just think it's the community as a whole," said Adriana Payan.

As of Thursday afternoon, there were two protests scheduled at that Eastside Chico's: Thursday night at 9:30 and Friday at 5 p.m.

Official statement from El Paso Police Chief Greg Allen regarding the incident at Chico's Tacos:

This statement is to correct and clarify prior statements by various employees of the El Paso Police Department made to the media regarding the application of the law on public accommodation and discrimination to the events that occurred on or about June 29, 2009,at the Chico's Tacos restaurant.

First and foremost, these prior statements were an incorrect recitation of the law. The current local law clearly states that it is within the responsibility of government, including its employees, to bring about through fair, orderly and lawful procedures, the opportunity of each person to obtain goods and services in all process of public accommodation without fear of discrimination. 

The El Paso Police Department recognizes the negative impact that discrimination can have on a community.   Thus, the police department is mandated to conduct itself with dignity, which means that all employees will be courteous and respectful in their official dealings with the public and that all employees will maintain an awareness of those laws, polices and other factors that affect their responsibilities.

I, therefore, require that all employees of the police department maintain a level of competence that keeps them abreast of the current laws and requirements of the law enforcement profession.  Failure to maintain such will result in appropriate discipline.

ABC-7 viewer comments on this story:

I want to comment on the Chico Tacos. I don't think two men or two woman should be kissing in public. That belongs at home or at motels. People and children don't like to see that kind of display. We were not brought up that way. So button it up. We don't need that junk.

-Rita, Las Cruces

Its NOT about what the orientation of these people are! Its about their ACTIONS. Its about their BEHAVIOR. I don't care what and who you are!! Two guys kissing in an establishment or in public is UNACCEPTABLE!! Do that at HOME!! las cruces :) thank you

-Will

I feel insulted by 2 gay men complaining for being kicked out of a local business for their behavior. I applaud the security police and the El Paso Policeman who did it. Our children do not need to be exposed to these people.

-Joe, Lower Valley

What's going on with our society!! First, two PETA lesbians dressed like prostitutes kissing in front of alot of people, and now, two gay men kissing in a public place and we have to put up with it? Remember, Chicos Tacos is a family oriented place frequented by children also! Before you tell me that I'm discriminating let me tell you that I have two lesbian nieces whom I adore!But come on!There's a time and a place for displaying affection of that nature. That is just so very disrespectful. I would feel very uneasy and embarassed!!

-Cecilia, Northeast

I'm bewildered that somehow lewd behavior is slipping into today's acceptable customs. I'm disgusted by the gay kissing incident at Chico's Tacos. No one should have to shield their children from such behavior in a family gathering. Talk about infringing on people's rights, what about the rights of all those opposed to such perverse behavior?

-J.C., Far East Side

It's one thing to give a short loving kiss in public no matter the sexual preference, anything more sexual in nature "GO GET A ROOM"

- Imma Conservative, Las Cruces

I find kissing and any display of sexual effection by same sex persons in public or in private exceedlingly discusting and angers me deeply.

-Leo G

Re PDAs: Everyone, gay or straight, should be allowed to hold hands or kiss whoever they like where ever they like; but no one should engage in passionate kissing or heavy petting in public.

-Paul

I would like to comment on the news story on two gay's kissing in public or Chico's Tacos. I would like to applaude the individuals that complained of this decrepted behavior and should be arrested. Especially when there is children present. I am also surprized that finally someone in El Paso had the guts to say no to this deviant behavior.

-A.C.

Please know at the outset that I believe we all have rights. All of us, including my grandchildren. They have a right to go to lunch with their grandmother and not be subjected to a side show of people (gay, straight or otherwise) kissing in the restaurant. And restaurant owners have the right to expect certain behavior in their establishments. Believe me, if Chico's Tacos condones such behavior, then I guess me and my grandchildren will have to find somewhere else to eat. Honestly folks, there's a time and a place for everything - take it outside guys and gals!

-Betty, Montana Vista