Rainbow Lounge Settle Case With Texas Alcoholic Beverage Commission

Two men who say their rights were violated during a botched bar check at the Rainbow Lounge have settled with the Texas Alcoholic Beverage Commission, effectively ending a two-year ordeal that had sparked protest and change, The Fort Worth Star-Telegram reporting that the state agreed to pay $210,000 to Chad Gibson, who suffered a head injury, and $15,000 to George Armstrong, who suffered a torn rotator cuff, during their arrests June 28, 2009, at the gay bar. The arrests came as agents from the beverage commission and Fort Worth police officers conducted a joint inspection at the bar. As part of the settlement, Gibson and Armstrong agreed not to sue the agency or anyone connected to it, or the two agents and supervisor involved in the incident. In a settlement with the city this year, Gibson was awarded $400,000 and Armstrong $40,000. Don Tittle, attorney for both men, said the agreement with the commission was reached in March through mediation but approved by the governor's office only in recent weeks. "It is done. They are very relieved," Tittle said. "I think they feel that they received a level of justice, although it was slow. The monetary compensation was fair, but I think it was important to both of them that there be change within both organizations. As a result of the incident, both Fort Worth and TABC have taken affirmative steps to improve relations and to be more sensitive to diversity." Capitan Charlie Cloud of the beverage commission said, "We're glad it's been brought to a resolution, and we're ready to move on." An agent with the commission had said that Gibson fell and hit his head while handcuffed and vomiting outside the club. Still, the inspection sparked protests and allegations of police brutality. Although investigations by police and the commission concluded that no excessive force was used, the commission, citing policy violations, fired two agents and their supervisor. Fort Worth Police Chief Jeff Halstead gave three officers one- to three-day suspensions. Last year, city officials dropped misdemeanour charges of public intoxication against Gibson, Armstrong and two other arrested patrons. A misdemeanour charge alleging that Gibson had assaulted a beverage commission agent was also dismissed. Since the incident, the commission has made several changes, including naming a liaison to the gay community. Fort Worth police also created a department liaison to the gay community, began new diversity and multicultural training for employees, and implemented a more detailed bar check policy.