Response from Councilmember Joel Burns re Rainbow Lounge Tragedy
Kathryn
gay councilmember in Fort Worth) and the mayor of Fort Worth. Send a
message yourself to let them know we're paying attention. This is the
response from Joel Burns:
I am forwarding this along to you without comment to keep you
informed. This message contains my first response in case you did not
receive it. Please forgive any duplicates. Many thanks for the emails
of support in this difficult time.
Thank you,
Joel
Joel Burns
Councilmember, District 9, City of Fort Worth
817-392-8809 • District Office
817-209-5555 • Mobile (City)
joel....@fortworthgov.org
OPEN RECORDS NOTICE: This email and any responses may be subject to
the Texas Open Records laws and may be disclosed to the public upon
request. Please respond accordingly.
From: Carolyn Beck [mailto:Caroly...@tabc.state.tx.us]
Sent: Wednesday, July 01, 2009 2:40 PM
To: undisclosed-recipients
Subject: Press Release: TABC and FWPD Joint Inspections Result in
Multiple Arrests
For Immediate Release
July 1, 2009
TABC and FWPD Joint Inspections Result in Multiple Arrests
In the early morning hours of Sunday, June 29, 2009, Texas Alcoholic
Beverage Commission (TABC) agents and officers from the Fort Worth
Police Department, conducted joint inspections of three TABC-licensed
locations in Fort Worth to ensure compliance with state alcoholic
beverage laws and local ordinances: The Rosedale Saloon located at 150
W. Rosedale, Cowboy Palace located at 160 W. Rosedale, and the Rainbow
Lounge located at 651 S. Jennings.
The Fort Worth Police Department arrested 15 individuals for public
intoxication, including nine males at the Rosedale Saloon and the
adjacent Cowboy Palace, one male at an unlicensed location, and four
males and one female at the Rainbow Lounge.
At the Rainbow Lounge, TABC agents placed one individual under arrest,
Chad Gibson who was injured while in the agents’ custody. Mr. Gibson
was released to paramedics for treatment of alcohol poisoning and a
head injury and transported to a local hospital.
“We are saddened that this incident occurred and extend our sincere
hope that Mr. Gibson recovers quickly,” said TABC Administrator Alan
Steen. “I have initiated an internal affairs investigation to answer
questions about how these locations were chosen, to review the agents’
actions, and specifically to establish the facts surrounding Mr.
Gibson’s injury."
Anyone who witnessed employee misconduct is asked to contact Lt. Andy
Pena, Acting Director of the Office of Professional Responsibility, at
o...@tabc.state.tx.us or call 512-206-3405. Information about how to
file a complaint against a TABC employee, and about agency policy on
employee investigations, can be found on TABC’s website at www.tabc.state.tx.us.
“I take seriously all allegations concerning inappropriate or illegal
behavior by our employees. We have in the past, and we will in the
future, take action against any employee found to have violated agency
policy or the law,” continued Steen.
TABC conducts approximately 128,000 inspections of approximately
40,000 licensed locations statewide each year, looking for violations
of the law. One of the agency’s key performance measures is to inspect
at least 78.5% of licensed locations each year. During a 12-month
period, typically about 96% of licensed locations in Texas are
inspected at least once. Licensed locations that have complaints filed
against them or previous public safety violations may be visited more
frequently.
Contact: Carolyn Beck, Public Information Officer, 512-206-3347
Carolyn Beck
Public Information Officer
Texas Alcoholic Beverage Commission
www.tabc.state.tx.us
512-206-3347
caroly...@tabc.state.tx.us
I wanted to let you know that I have received your email (along with
hundreds of others) regarding the events that occurred at the Rainbow
Lounge in Fort Worth's Near Southside Sunday morning. Many have taken
time to send emails of friendship and support; thank you.
I want to provide you with an update of some of the actions I and
others in the City have taken since the incident.
Monday I met with my predecessor on Council, State Senator Wendy
Davis, and spoke with State Representative Lon Burnam by phone. Both
represent the area of Fort Worth where the Rainbow Lounge is located
(as well as representing most of City Council District 9) and both
committed to make official requests Monday for a thorough internal
investigation by the Texas Alcoholic Beverage Commission on actions of
TABC officers (shown in photos on some blogs & new sites wearing
shirts labeled "State Police"). Both also committed to follow-up from
Austin as they begin the Governor's called Special Session on
Wednesday. I appreciate not only their quick and ready action, but
also their support and friendship in recent days. If you would like to
contact them, you may do so at wendy...@senate.state.tx.us and
lon.b...@house.state.tx.us .
In addition, I met separately with Fort Worth Police Chief Jeff
Halstead twice Monday and with City Manager Dale Fisseler. I
reiterated to both of them that the City's investigation of what
happened must be swift, thorough, open and transparent -- even if
doing so required an outside law enforcement agency such as Tarrant
County to come in and conduct portions of the investigation. It is
important for those who live in Fort Worth as well as those watching
from around the country to know that the investigation will be
complete, accurate, and without anyone being able to claim that
internal bias or political pressures played any role in determining
the facts. Such an investigation not only serves the patrons who
experienced the police action Sunday morning, but also sets the record
straight for Fort Worth Police officers involved and honors their
commitment to serve the City.
So that you may be fully informed of my actions, provided below this e-
mail is the text of two written requests I made on Monday to Chief
Halstead and City Manager Fisseler as well as to the Chairman of the
Fort Worth Human Relations Commission, Estrus Tucker, and my appointee
Lisa Thomas. The content of the statement I issued on Sunday afternoon
is provided below as well.
I also want to share with you that on Monday afternoon I visited with
Chad Gibson, the 26-year-old patron who sustained head-injuries Sunday
morning, in his room at JPS Hospital. We were joined by two of his
friends who were also at the Rainbow Lounge with Chad Sunday morning
and also detained by police. I heard their accounts of what happened.
I also visited with Chad's parents and grandparents in the waiting
room and with his sister by phone. I hope you will please keep Mr.
Gibson and his family in your thoughts.
If you or anyone you know was a witness to what happened at the
Rainbow Lounge and wish to report your account please call
817-392-4270 as this may aid the City's investigation.
Like most of you, I love this great City, and am concerned about the
unanswered questions surrounding this event. You can be assured that I
will work with my Council colleagues and City staff to determine the
facts and to make sure we have the appropriate policies, procedures
and training in place to make sure it does not happen again.
Again, thank you for your email. Feel free to contact me anytime. This
is my direct City email address and my office number is 817-392-8809.
Sincerely,
Joel Burns
Councilmember, District 9, City of Fort Worth
June 29, 2009
Dear City Manager and Police Chief,
I am writing to request that you immediately initiate an internal
affairs investigation regarding the City of Fort Worth Police Action
in coordination with the Texas Alcohol and Beverage Commission on the
early morning of June 28th at the Rainbow Lounge located at 651
Jennings Street.
I wish to have comprehensive and conclusive information to respond to
citizens requests regarding this matter as soon as possible. Please
inform my office when this investigation will commence, the step by
step procedures that are taken in such an investigation and when an
investigation of this nature can be concluded with due diligence to
thoroughness and accuracy given great consideration. Further, please
provide a copy of written procedures and policies which govern the
conduct of such police actions.
Sincerely,
Joel Burns
June 29, 2009
Dear Chairman Tucker,
I am writing to request the Human Relations Commission initiate a
review of the actions taken by the City of Fort Worth in coordination
with the Texas Alcohol and Beverage Commission on the early morning of
June 28th at the Rainbow Lounge located at 651 Jennings Street.
I wish to have comprehensive and conclusive information to respond to
citizens requests regarding this matter as soon as possible as it
relates the Anti-Discrimination Ordinances of The City of Fort Worth.
I greatly appreciate the Commission’s dedication and service to
protecting the human rights of all citizens of Fort Worth and your
consideration of this important matter.
Sincerely,
Joel Burns
Cc: Vanessa Boling
Statement from Councilman Joel Burns
I want all citizens of Texas and Fort Worth to know and be assured
that the laws and ordinances of our great State and City will be
applied fairly, equally and without malice or selective enforcement. I
consider this to be part of "The Fort Worth Way" here. As an elected
representative of the city of Fort Worth, I am calling for an
immediate and thorough investigation of the actions of the City of
Fort Worth Police and Texas Alcoholic Beverage Commission in relation
to the incident at the Rainbow Lounge earlier this morning, June 28,
2009.
It is unfortunate that this incident occurred in Fort Worth and even
more so to have occurred on the 40th anniversary of the Stonewall
protests. Unlike 40 years ago, though, the people of this community
have elective representation that will make sure our government is
accountable and that the rights of all of its citizens are protected.
I am working together with our Mayor, Police Chief, the City of Fort
Worth Human Relations Commission, and our State Legislative colleagues
to get a complete and accurate accounting of what occurred.
Rest assured that neither the people of Fort Worth, nor the city
government of Fort Worth, will tolerate discrimination against any of
its citizens. And know that the GLBT Community is an integral part of
the economic and cultural life of Fort Worth.
Every Fort Worth citizen deserves to have questions around this
incident answered and I am working aggressively toward that end
Thank you,
Joel
Joel Burns
Councilmember, District 9, City of Fort Worth
817-392-8809 • District Office
817-209-5555 • Mobile (City)
joel....@fortworthgov.org
OPEN RECORDS NOTICE: This email and any responses may be subject to
the Texas Open Records laws and may be disclosed to the public upon
request. Please respond accordingly.
TrekBear
> I sent a message to the police chief, Councilmember Burns (the openly
> gay councilmember in Fort Worth) and the mayor of Fort Worth. Send a
> message yourself to let them know we're paying attention. This is the
> response from Joel Burns:
>
> I am forwarding this along to you without comment to keep you
> informed. This message contains my first response in case you did not
> receive it. Please forgive any duplicates. Many thanks for the emails
> of support in this difficult time.
>
> Thank you,
>
> Joel
> Joel Burns
> Councilmember, District 9, City of Fort Worth
>
> 817-392-8809 • District Office
> 817-209-5555 • Mobile (City)
>
> OPEN RECORDS NOTICE: This email and any responses may be subject to
> the Texas Open Records laws and may be disclosed to the public upon
> request. Please respond accordingly.
>
>
> I wanted to let you know that I have received your email (along with
> hundreds of others) regarding the events that occurred at the Rainbow
> Lounge in Fort Worth's Near Southside Sunday morning. Many have taken
> time to send emails of friendship and support; thank you.
>
> I want to provide you with an update of some of the actions I and
> others in the City have taken since the incident.
>
> Monday I met with my predecessor on Council, State Senator Wendy
> Davis, and spoke with State Representative Lon Burnam by phone. Both
> represent the area of Fort Worth where the Rainbow Lounge is located
> (as well as representing most of City Council District 9) and both
> committed to make official requests Monday for a thorough internal
> investigation by the Texas Alcoholic Beverage Commission on actions of
> TABC officers (shown in photos on some blogs & new sites wearing
> shirts labeled "State Police"). Both also committed to follow-up from
> Austin as they begin the Governor's called Special Session on
> Wednesday. I appreciate not only their quick and ready action, but
> also their support and friendship in recent days. If you would like to
> lon.bur...@house.state.tx.us .
>
> OPEN RECORDS NOTICE: This email and any responses may be subject to
> the Texas Open Records laws and may be disclosed to the public upon
> request. Please respond accordingly.
When I heard about this on Outcast Austin (KOOP 91.7), I decided to
contact the Tarrant (Ft/ Worth) county Democratic delegation and
encourage them to rebuke the Ft Worth police and TABC.
The members of the delegation are: State Senator Wendy Davis, and
State representatives Lon Burnam, Paula Pierson, Chris Turner, and
Mark Veasey.
David Kaye
police action where someone was injured.
I think it comes down to whether the place in question was properly
licensed or not, and whether the patrons were publicly drunk or not.
People claim harrassment a lot and scream to high heaven when busted
for breaking laws. They often can't see that the establishment and
patrons must obey the laws.
A similar kind of thing is happening in San Francisco right now. To
read the rants in the press you'd think that nightclubs are being
singled out for harrassment, but what's really happening is that all-
ages clubs in SF were licensed as Type 47 (full service restaurants
serving liquor) rather than Type 48 (liquor only) and were supposed to
make a good faith effort to serve X amount of food each business day.
That was the reason they were able to get the licenses. Now they're
screaming because they are getting busted left and right for not
following the law by not operating as restaurants serving liquor. Oh,
you'd think that Alcoholic Beverage Control wants to kill all-ages
nightclubs in SF. Not so. Abide by the law or stop selling liquor
and there'd be no trouble.
What it comes down to is that a business that sells liquor must abide
by the letter and spirit of the law. This is especially true of gay
bars and other establishments such as all-ages venues where people
might be inclined to complain. It is incumbent upon the business
owner to make every effort to obey the letter and spirit of the law,
make sure the i's are dotted the t's crossed.
In the case cited, it's incumbent upon the owner to make sure that
patrons are not publicly drunk. I remember when I used to be in the
restaurant and club business in Portland, we had a sticky situation.
We had to monitor carefully whether a patron was getting drunk. If
so, we had to stop giving them liquor and try to prevent them from
leaving, lest we be liable for their injuries once they left.
Oregon's laws are very strict about this. We could allow someone to
get a little tipsy, but not drunk.
Was a gay bar singled out? Well, I can tell you from experiences in
SF that more gay bars are likely to be cited for liquor law violations
than "straight" bars simply because gay bars have more sex and
sanitation problems. At the moment I can think of three gay bars in
SF where sex goes on nightly in total violation of liquor laws -- so
much that at least one of them promotes it. I can't think of any
"straight" bars making such outright violations.
Jack Hamilton
<sfdavi...@yahoo.com> wrote:
>I wouldn't be inclined to call this incident a tragedy. It was a
>police action where someone was injured.
>
>I think it comes down to whether the place in question was properly
>licensed or not, and whether the patrons were publicly drunk or not.
>People claim harrassment a lot and scream to high heaven when busted
>for breaking laws. They often can't see that the establishment and
>patrons must obey the laws.
So you must think that the patrons of the Stonewall Inn did a terrible
thing by reacting against the police, who were after all only
enforcing the law.
David Kaye
> So you must think that the patrons of the Stonewall Inn did a terrible
> thing by reacting against the police, who were after all only
> enforcing the law.
Who knows what the real Stonewall story is. Here are some samples:
(1) The NY Times owned the property and wanted to shut down the bar so
that they could tear down the block and move their printing operations
there.
(2) The Stonewall was unlicensed.
(3) The Stonewall got behind in their extortion payments to the mob.
(4) The Stonewall got behind in their extortion payments to the
police.
(5) The Stonewall was selling liquor to underage customers.
I've heard all 5 of these stories over the years. One of the things
that is unsaid in any of this is that there was any specific anti-gay
harrassment. There were lots of other gay bars and many with drag
that did not get busted that night or any other night within weeks
either side of the Stonewall incident. Nobody has ever said there was
a pattern of harrassment against any other gay establishments at the
time. They have, however, mentioned that the Stonewall had been
harrassed previously.
I operated a gay-oriented restaurant and a nightclub at one time.
While I was hassled I think unduly for fire and building code
violations that had been there for years (generations?) still, once I
got everything in order and led inspectors through, I was not
harrassed any longer. Oh, they'd inspect every 6 months to the day,
but they never hassled me any longer. Back when Portland was giving
grades to establishements that had to be posted in the window, we got
an "Exceeded" while Jake's Crawfish down the street got only a "Met"
-- and Jakes is the keystone in the McCormick & Schmick food empire!
This so pissed off the McC & S people that they quiety worked their
behind the scenes magic and got the health department to stop giving
public ratings. Even so, I kept our decal in the window just to be
sure.
Jack Hamilton
<sfdavi...@yahoo.com> wrote:
>I operated a gay-oriented restaurant and a nightclub at one time.
>While I was hassled I think unduly for fire and building code
>violations that had been there for years (generations?) still, once I
>got everything in order and led inspectors through, I was not
>harrassed any longer. Oh, they'd inspect every 6 months to the day,
>but they never hassled me any longer. Back when Portland was giving
>grades to establishements that had to be posted in the window, we got
>an "Exceeded" while Jake's Crawfish down the street got only a "Met"
>-- and Jakes is the keystone in the McCormick & Schmick food empire!
>This so pissed off the McC & S people that they quiety worked their
>behind the scenes magic and got the health department to stop giving
>public ratings. Even so, I kept our decal in the window just to be
>sure.
As you probably know, the original M&S restaurant closed down last
month.
Joe Fineman
> Who knows what the real Stonewall story is.
David Carter.
http://www.amazon.com/Stonewall-Riots-That-Sparked-Revolution/dp/0312200250
He interviewed everybody he could, and he did his homework.
> Here are some samples:
> (1) The NY Times owned the property and wanted to shut down the bar
> so that they could tear down the block and move their printing
> operations there.
Not true.
> (2) The Stonewall was unlicensed.
True. It was operating nominally as a private club.
> (3) The Stonewall got behind in their extortion payments to the mob.
> (4) The Stonewall got behind in their extortion payments to the
> police.
Those days were already over.
> (5) The Stonewall was selling liquor to underage customers.
True.
(6) The Stonewall was a firetrap.
(7) The Stonewall was a hangout for extortionists who came on to gay
men and blackmailed them -- in particular, gay men who worked on Wall
Street and could give stock tips.
In short, the Stonewall gave the cops about every standard lawful
reason for shutting it down. It was also an important social center
for some of the gay community.
I have also heard that the Bastille had no prisoners left in it at the
time it was stormed. The French, IMO, are nevertheless entitled to
their fireworks.
--
--- Joe Fineman jo...@verizon.net
||: As Balaam found out, even an ass may see something you :||
||: don't. :||
Kathryn
> I wouldn't be inclined to call this incident a tragedy. It was a
> police action where someone was injured.
David, you and I have different ideas of what the word "tragedy"
means. Even if he had been resisting a completely justifiable arrest,
I would consider the outcome of a blood clot in the brain tragic
Kathryn
> I sent a message to the police chief, Councilmember Burns (the openly
> gay councilmember in Fort Worth) and the mayor of Fort Worth. Send a
> message yourself to let them know we're paying attention. This is the
> response from Joel Burns:
Further follow up from Councilomember Burns. If you haven't sent an
email to let them know we're paying attention, please do take a
moment:
I want to provide you with this update from the Mayor’s Office.
Thank you for the hundreds of emails we continue to receive. They
truly make a difference.
I will continue to keep you apprised.
Councilman Joel Burns
City of Fort Worth, Dist. 9
1000 Throckmorton, Fort Worth, TX 76102
817-392-8809 office (scheduling and District business)
817-209-5555 mobile
817-392-6187 fax
OPEN RECORDS NOTICE: This email and any responses may be subject to
the Texas Open Records laws and may be disclosed to the public upon
request. Please respond accordingly.
Media Contact: Jason Lamers 817-999-8467
For Immediate Release: July 3, 2009
Fort Worth Mayor asks acting U.S. Attorney to review Rainbow Lounge
investigation
(Fort Worth, Texas)…Mayor Mike Moncrief released the following
statement today:
We all join in wishing Mr. Gibson a speedy and full recovery.
Currently, two investigations are underway to review the circumstances
and events that took place at the Rainbow Lounge early Sunday morning.
The Texas Alcoholic Beverage Commission (TABC) is conducting an
investigation and the Fort Worth Police Department’s Internal Affairs
Division is conducting its own investigation.
I join Police Chief Jeff Halstead in encouraging any eye-witnesses to
the events under review to come forward and share their observations.
Members of the City Council and I have confidence that Chief Halstead
is leading a thorough and professional investigation. Once the Fort
Worth Police Department’s examination is complete, I have asked the
acting U.S. Attorney for the Northern District of Texas, James T.
Jacks, to independently review the findings of the Fort Worth Police
Department’s investigation to ensure the department has thoroughly and
impartially carried out its obligation to all the citizens of Fort
Worth. I encourage the TABC to follow the same course.
Fort Worth has a history of inclusiveness, and the Fort Worth Police
Department has a history of responsible and professional service to
our citizens. The police department’s internal investigation and the
outside review is meant to ensure all citizens are professionally and
responsibly represented by our police department. I am most
appreciative to the U.S. Attorney’s Office for assisting us in this
effort.
-end-