French Quarter Cafe v. Virginia Alcoholic Beverage Control Board

Last updated

French Quarter Cafe v. Virginia Alcoholic Beverage Control Board, 1:91-cv-01180 (1991) was a U.S. District Court for Eastern Virginia case in which the U.S. state of Virginia's longstanding ban on gay bars was declared unconstitutional. [1]

Contents

Background

In the state of Virginia, gay bars and bars employing and serving gays and lesbians were banned and subject to fines and or prosecution.

In 1934, the Board of the Virginia Alcoholic Beverage Control Authority (ABC) enacted regulations regarding the sale of alcoholic beverages in the state of Virginia. There were several regulations regarding homosexual patrons. [2] [3]

Section 4-37 of the regulation stated "a bar’s license may be suspended or revoked if the bar has become a meeting place and rendezvous for users of narcotics, drunks, homosexuals, prostitutes, pimps, panderers, gamblers or habitual law violators…"

Section 4-98 of the regulation prohibited "a licensee from employing any person who has the general reputation as a prostitute, homosexual, panderer, gambler, habitual law violator, person of ill repute, user of or peddler of narcotics, or person who drinks to excess or a 'B-girl'."

Protests

In 1969, several months before the Stonewall riots, several bars serving the gay community in Virginia were suspended and shut down due to the ABC regulations. During this period, local gay activists protested the enforcement and several letters to the editor were published in Virginia newspapers in protest of the laws. [4]

Enforcement of the regulations reduced significantly in the 1970s and 1980s, in part due to local resistance from LGBT organizations in Virginia. In the late 1980s and early 1990s, LGBT advocacy organizations attempted to convince members of the Virginia General Assembly to rescind the regulations, but those efforts did not gain wide support from lawmakers. [3]

Case

In May 1991, an Alexandria business owner, Murray Greenberg, was seeking to open a new gay bar and restaurant in the city called the French Quarter Cafe. [1]

In an attempt to prevent the restaurant from opening, a local resident, Colonel William Glasgow, Jr., contacted the ABC to seek enforcement of the 1930s regulations. In an interview with The Washington Post Glasgow stated that he was in favor of the regulations to "protect family life" and described homosexuality in public places as "a pathway to anarchy." [3]

Due to Glasgow's complaint, the French Quarter Cafe was visited by three officials with the Virginia ABC who told Greenberg that they might "reluctantly have to" enforce the 1934 laws. [3]

On August 28, 1991, Greenberg, in his capacity at the owner of the French Quarter Cafe, filed a lawsuit in federal district court in Alexandria against the Virginia Alcoholic Beverage Control Board and its members. Joining Greenberg in the lawsuit as co-plaintiffs were the College of William and Mary Gay and Lesbian Alumni (W&M GALA) group, and Montgomery County lesbian activist Dale Barnhard. [5] The defendants named were the three members of the Virginia Alcoholic Beverage Control Board, including chairman George M. Hampton Sr. [6]

Barnhard joined the lawsuit because she and a female companion had been asked to leave a "straight" dance club in Virginia because the owners were afraid of losing their liquor license due to the ABC regulation. The W&M GALA group joined the lawsuit because they had faced challenges with a request to rent a Virginia hotel suite for an organization event. [3]

The plaintiffs' legal fees were supported in part by Virginians for Justice, an LGBT political advocacy group. [4] Greenberg's lawsuit was also publicly supported by the National Gay and Lesbian Task force, who stated that "gay people should be able to go anywhere and spend their hard-earned gay income without the intrusion of homophobic state laws."

During the lawsuit, Virginia Governor Douglas Wilder refused to comment on the case or take a position on the ABC regulations, a move that was criticized by LGBT groups in the state. [3] [5]

Ruling

On October 23, 1991, US District Judge Albert V. Bryan Jr. declared the anti-gay ABC regulations unconstitutional and void and signed an order preventing Virginia ABC agents from enforcing them. [5] Judge Bryan also required that the ABC board notify all current liquor license holders in the state (and any future applicants) of the changes in the ABC regulations. Additionally, the ABC board was ordered to pay the full court costs for the plaintiffs, totaling close to $11,000. [2]

Aftermath and significance

At the time of the court ruling, Virginians for Justice stated that it was a "victory that will help invigorate our movement and the fight for equal justice. The Commonwealth of Virginia can no longer assume that gays and lesbians are unable to organize to protect themselves from bad laws whether they are on the books or under consideration." [1]

After the victory in court, Greenberg invited the Washington Area LGBT community to a cafe for a "Victory in Virginia Day" celebration. [5] The bar closed in 1994. [1]

Related Research Articles

This is a list of notable events in the history of LGBT rights that took place in the year 1973.

<span class="mw-page-title-main">Black Cat Bar</span> Historic site in San Francisco

The Black Cat Bar or Black Cat Café was a bar in San Francisco, California. It originally opened in 1906 and closed in 1921. The Black Cat re-opened in 1933 and operated for another 30 years. During its second run of operation, it was a hangout for Beats and bohemians but over time began attracting more and more of a gay clientele, and becoming a flashpoint for what was then known as the homophile movement, a precursor to the gay liberation movement that gained momentum in the 1960s.

This is a list of notable events in the history of LGBT rights that took place worldwide in the 1950s.

<span class="mw-page-title-main">LGBTQ rights in Malaysia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges not experienced by non-LGBT residents. Sodomy is a crime in the country, with laws enforced arbitrarily. Extrajudicial murders of LGBT people have also occurred in the country. There are no Malaysian laws that protect the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.

The Virginia Alcoholic Beverage Control Authority is one of the eleven public safety agencies under the Secretariat of Public Safety and Homeland Security for the Commonwealth. The agency administers the state's ABC laws. ABC stores are the only retail outlets in Virginia where customers may purchase distilled spirits. The profits that Virginia ABC contributes are collected from sales of distilled spirits at ABC stores, taxes collected on beer and wine sales, violation penalties and license fees. Since its establishment in 1934, Virginia ABC has contributed more than $9 billion to the Commonwealth's general fund. Virginia ABC employs more than 4,000 people statewide.

<span class="mw-page-title-main">LGBTQ rights in Asia</span>

Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in Asia, and acceptance of LGBTQ persons is generally low. Same-sex sexual activity is outlawed in at least twenty Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen, homosexual activity results in death penalty. In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip. While egalitarian relationships have become more frequent in recent years, they remain rare.

<span class="mw-page-title-main">LGBTQ rights in West Virginia</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of West Virginia face legal challenges not faced by non-LGBT persons. Same-sex sexual activity has been legal since 1976, and same-sex marriage has been recognized since October 2014. West Virginia statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal.

<span class="mw-page-title-main">LGBTQ rights in New Jersey</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.

The United States military formerly excluded gay men, bisexuals, and lesbians from service. In 1993, the United States Congress passed, and President Bill Clinton signed, a law instituting the policy commonly referred to as "Don't ask, don't tell" (DADT), which allowed gay, lesbian, and bisexual people to serve as long as they did not reveal their sexual orientation. Although there were isolated instances in which service personnel were met with limited success through lawsuits, efforts to end the ban on openly gay, lesbian, and bisexual people serving either legislatively or through the courts initially proved unsuccessful.

This is a list of events in 2011 that affected LGBT rights.

<span class="mw-page-title-main">LGBTQ rights in Colorado</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Colorado enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.

<span class="mw-page-title-main">LGBTQ rights in Virginia</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Virginia enjoy the same rights as non-LGBTQ people. LGBT rights in the state are a relatively recent occurrence; with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include both sexual orientation and gender identity.

<span class="mw-page-title-main">LGBTQ history in the United States</span>

LGBTQ history in the United States consists of the contributions and struggles of lesbian, gay, bisexual, transgender and queer (LGBTQ) people, as well as the LGBTQ social movements they have built.

<span class="mw-page-title-main">History of gay men in the United States</span>

This article addresses the history of gay men in the United States. Unless otherwise noted, the members of same-sex male couples discussed here are not known to be gay, but they are mentioned as part of discussing the practice of male homosexuality—that is, same-sex male sexual and romantic behavior.

Pickup v. Brown (12-17681) and Welch v. Brown (13-15023) are 2012 lawsuits in the United States challenging the constitutionality of California Senate bill SB 1172, which banned conversion therapy on children under the age of 18, effective January 2013.

The Block is an area in Richmond, Virginia, United States that from the 1940s to the late 1970s hosted an underground gay culture and community, with several bars and venues. It was the focus of ongoing harassment from the ABC Department because homosexual activity, including serving alcohol to gay people, was illegal and would result in arrest.

<i>De Leon v. Perry</i>

De Leon v. Perry was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction. The state defendants filed an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit, as the disposition on the motion was not a final ruling in the case. On April 14, 2014, the plaintiffs filed a motion for an expedited hearing, which was denied on May 21, 2014. The plaintiffs filed another motion for an expedited hearing on October 6, 2014, after the Supreme Court of the United States denied appeals in other marriage equality cases, and the motion was granted on October 7, 2014, setting a hearing for November 2014. However, on October 27, 2014, the Fifth Circuit set oral arguments for January 9, 2015.

Doe v. Commonwealth's Attorney of Richmond, 425 U.S. 901 (1976), is a decision by the Supreme Court of the United States which gave summary affirmation of a lower court ruling which upheld the U.S. state of Virginia's ban on homosexual sodomy.

<span class="mw-page-title-main">Anti-LGBTQ curriculum laws in the United States</span> Current and former laws limiting discussion of LGBTQ topics in public schools

Anti-LGBTQ curriculum laws are laws approved by various U.S. states that limit the discussion of sexuality and gender identity in public schools. In theory, these laws mainly apply to sex ed courses, but they can also be applied to other parts of the school curriculum as well as to extracurricular activities such as sports and organizations such as gay–straight alliances. In July 2022, a wave of anti-LGBT curriculum resurgence saw ten such laws beginning to take effect in six different states. Some states enacting these new laws appear to have mirrored similar laws from other states.

Donald L. Babets & others vs. Secretary Of Human Services & another, 403 Mass. 230 (1988), known informally as Babets vs. Johnston, was a Massachusetts Supreme Judicial court case relating to Don Babets and David Jean’s struggle to become foster parents as a gay couple. The case resulted in Massachusetts settling the lawsuit by returning to the “best interests of the child policy”, eliminating policies that considered the sexual orientation of potential foster parents when looking at foster placement.

References

  1. 1 2 3 4 "The French Quarter Cafe" (PDF). Alexandria Times . July 2, 2020. Retrieved January 6, 2023.
  2. 1 2 "ABC Regulations Challenged in Court · Rainbow Richmond: LGBTQ History of Richmond, VA · OutHistory: It's About Time". OutHistory . Retrieved January 6, 2023.
  3. 1 2 3 4 5 6 Heath, Thomas (August 28, 1991). "Law Banning Gay Bars Challenged in Virginia". The Washington Post . Retrieved January 6, 2023.
  4. 1 2 "Rainbow Richmond Timeline · Rainbow Richmond: LGBTQ History of Richmond, VA · OutHistory: It's About Time". OutHistory . Retrieved January 6, 2023.
  5. 1 2 3 4 Harris, John F. (October 19, 1991). "Va. to Drop its Ban on Gay Bars". The Washington Post . Retrieved January 6, 2023.
  6. ↑ "French Quarter Cafe, et al v. George M. Hampton, et al :: Virginia Eastern District Court :: Federal Civil Lawsuit No. 1:91-cv-01180". www.plainsite.org. Retrieved January 6, 2023.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.