Alvarado restaurant owner appeals $5K fine for calling customer gay to state Supreme Court

Frank's Place in Alvarado (via Google Maps)

A restaurant owner in Alvarado questioned the sexual orientation of one of her longtime customers. The customer sued, charging that the restaurant owner’s accusation that he was gay was defamatory and caused mental anguish.

Alvarado is south of Fort Worth along I-35W at U.S. 67 in Johnson County.

Phong Van Meter, the owner of the restaurant Frank’s Place, was fined $5,000 for publicly humiliating a loyal customer and ordered to stop “making or publishing defamatory, libelous and slanderous” comments. The ruling was upheld by the Court of Appeals, and Van Meter has now appealed to the Texas Supreme Court, according to Courthouse News.

Bennie Dale Morris, who has eaten at Van Meter’s restaurant for 20 years, “build[s] driveways and spread[s] sand for fixing yards around houses.” He said he had a drop in business as a result of Van Meter’s accusation.

So the lower courts ruled that being called gay is an insult? Or is it only an insult is you’re not gay? And if you are gay, can you sue for someone calling you straight? I hate when that happens.

3 Comments

Philip Epstein on February 8, 2012 at 4:14 pm

I believe a smilar case has been decided in another state where the court decided that “gay” by itself is not defamatory. But of course, it depends on whether the intention of the restaurant owner was to harass the customer, in which case you are probably dealing with sexual harassment.

Steve on February 8, 2012 at 6:14 pm

Does Frank’s Place have no Frank? There has got to be so much more to this very strange story!

Brooks Conover on February 11, 2012 at 3:07 pm

I was the attorney that represented Mr. Morris in the trial court. Not only was he concerned about his own reputation, but also for that of his grandchildren. In a small town like Alvarado, rumors can spread as fast as a wildfire. He was very worried that his grandchildren’s classmates may have heard about Van Meter’s comments and that they would be harassed and taunted at school. And, no there is no Frank! Mr. Morris is an elderly gentleman from another era. He felt humiliated by Mrs. Van Meter’s comments which damaged his reputation in the community. There is much more to this story, but I do not believe that Mr. Morris is homophobic as some posts have suggested.

Philip Epstein on February 8, 2012 at 4:14 pm

I believe a smilar case has been decided in another state where the court decided that “gay” by itself is not defamatory. But of course, it depends on whether the intention of the restaurant owner was to harass the customer, in which case you are probably dealing with sexual harassment.
Steve on February 8, 2012 at 6:14 pm

Does Frank’s Place have no Frank? There has got to be so much more to this very strange story!
Brooks Conover on February 11, 2012 at 3:07 pm

I was the attorney that represented Mr. Morris in the trial court. Not only was he concerned about his own reputation, but also for that of his grandchildren. In a small town like Alvarado, rumors can spread as fast as a wildfire. He was very worried that his grandchildren’s classmates may have heard about Van Meter’s comments and that they would be harassed and taunted at school. And, no there is no Frank! Mr. Morris is an elderly gentleman from another era. He felt humiliated by Mrs. Van Meter’s comments which damaged his reputation in the community. There is much more to this story, but I do not believe that Mr. Morris is homophobic as some posts have suggested.