Black customers accuse Houston's Gaslamp bar of discriminatory cover charge; bar says 'no' The bar claims the men were charged to keep a favorable female-to-male ratio inside

Three black potential patrons said they were asked to pay a cover charge at Houston's GasLamp bar while white customers were not asked to pay a cover. Since the men's story hit the internet, comments have posted accusatory remarks to the bar's Facebook page. An attorney for GasLamp said the men were charged the cover to discourage a too-high men-to-women ratio among patrons. less Three black potential patrons said they were asked to pay a cover charge at Houston's GasLamp bar while white customers were not asked to pay a cover. Since the men's story hit the internet, comments have ... more Photo: Via Facebook Photo: Via Facebook Image 1 of / 21 Caption Close Black customers accuse Houston's Gaslamp bar of discriminatory cover charge; bar says 'no' 1 / 21 Back to Gallery

Three black men say a popular Midtown bar charged cover charges only to non-white patrons and turned other minorities away under the guise of "dress code violations" Friday night.

An attorney representing the bar said that bar did not act in a discriminatory manner and always assesses covers for certain parts of the bar and reserves the right to turn away anyone who doesn't meet specific dress requirements.

Brandon Ball, Dan Scarbrough and Ken Piggee — all three attorneys — said that when they approached the doors of Gaslamp, at the corner of Brazos and Hadley streets, the doormen immediately told them that to enter, they had to pay $20.

Deciding against it, the trio went to a nearby bar and later walked by Gaslamp.

"We're looking, and there are white people going in and getting their hands stamped," Ball said. "They were going in and not paying anything."

The three sat and watched the door for some time, they said, watching white customers enter free of charge and minorities get turned away. They said they spoke with the others as they were turned away.

Two black men visiting from San Antonio said they were told they couldn't enter because they were wearing Polo shirts and jeans. A group of Hispanic men said they were told to pay a cover. Two Brazilian men received the same treatment, as did two Vietnamese women, the men said.

A large group of Hispanic men and women also were told they couldn't enter without a $20 charge, while a group of white people went in for free, the men said. "It didn't matter what they had on for the most part," Ball said of the white patrons entering the bar that night.

During that time, an off-duty sheriff's deputy working security looked on. The men said the deputy told them that he was there to do a job and didn't have a say in how Gaslamp ran its business.

The men said that, to them, it was evident the bar's entrance policy was racially discriminatory and a symptom of a larger community issue.

"The fact that they're doing this, there is a market out there for white-only spaces, and that's a sobering thought," Piggee said.

Tim Sutherland, an attorney representing Gaslamp, said the bar has three levels. The first is a sports bar, the second floor is Elysium – a nightclub – and the third floor is a rooftop lounge.

"The issue is, anytime you're a group of three guys, you're going to pay a cover," Sutherland said. "You're not just going in for free because we have ratios we try to maintain in a nightclub establishment of even or better-than-even girl-to-guy ratio."

An example is if a group is disproportionately male, they likely will pay a cover. If someone enters alone, likely not.

Sutherland said that's a widely used cover structure. Those going to the upper floors – accessible from the Brazos Street entrance – all pay a cover and have their hands stamped.

The Hadley Street entrance to the first-floor bar – which Ball, Piggee and Scarbrough said they used Friday night – works on a gender ratio basis, he said.

Ball, Scarbrough and Piggee said they had never been to Gaslamp and didn't know of the different levels, nor were they told by doormen about the different parts of the establishment.

The men said as soon as they approached, they were told to pay a $20 charge before even speaking and saw groups of white patrons getting their hands stamped and going in free of charge.

Sutherland said there is a sign at the bar that says they charge cover, but policy details aren't spelled out on the sign or on the bar's website, which he admitted isn't up-to-date. Entry also depends on meeting a dress code, he said, which he said is listed at the bar.

That possibly will be made clearer going forward, "not because we can't do it the way we're doing it – because we can – but it allows people to read improper motives into our actions, and so I think it's something we should look at," Sutherland said.

SOCIAL MEDIA REACTION

Ball posted the incident — along with photos of the men in their business casual attire Friday night, the doormen demanding cover charges and the deputy — on his Facebook page, which has ignited a flurry of shares and negative comments on Gaslamp's Facebook page.

One of the doormen also took to social media to defend himself, threatening to sue the men.

Some social media comments and responses were from people of color recounting similar experiences, including a white woman from out of town who, along with her white boyfriend, were turned away because he had a tattoo. The Chronicle has reached out to authors of those comments and so far hasn't been able to independently verify their claims.

On Monday, Houston Mayor Annise Parker tweeted that the incident further emphasized the need for Houston residents to vote in November for her controversial Equal Rights Ordinance, which she said would establish a process to investigate these kinds of alleged incidents.

Shows why it's important to vote for HERO, then there'll be a local law against this and a way to investigate it.-A https://t.co/uypnBIA6Hr — Annise Parker (@AnniseParker) September 14, 2015

The HERO support group Houston Unites also used the incident as an opportunity to push for Prop 1 votes.

"The ordinance is a local tool to deal with discrimination that happens here locally – whether based on race, religion, disability, veteran status and more," campaign chairman Richard Carlbom said in an online statement. "At its core, the Equal Rights Ordinance is about treating everyone fairly and equally, whether in a public space like a bar, or in employment and housing."

Sutherland said the reaction has been unfair and one-sided, with employees' photos posted online. He said bar has received threatening voicemails.

"We're not going to change the way we run our business in fear," Sutherland said. "We're business owners and we think we have a fair admission policy and, of course, people are coming out saying it's discriminatory and we'll have to look at it."

Other complaints that have popped up on Gaslamp's Facebook page and in online comments since the posting predate Friday night. Sutherland said he has not seen a pattern to those complaints.

When asked if employees deny the men's story, Sutherland said he instructed them not to discuss what happened Friday night.

"We do not deny that Mr. Ball came through the line and had two other men with him and a cover was requested of him for $20 to go up to the rooftop," Sutherland. "It was not based on his race, however."

Ball, Piggee and Scarbrough said they hope their experience stokes a community conversation and urges others with similar experiences at local establishments to come forward.

"They're a public business," Piggee said. "If you're going to be open to the public, you need to be open to the public, not just part of the public."