In Boxers suit, city accused of stereotyping LGBT bars

Boxers PHL, a Center City sports bar, contends that city officials recently engaged in anti-LGBT stereotyping when ordering 11 LGBT bars to undergo antibias training.

Boxers is embroiled in contentious litigation with the city, after officials ordered the removal of a roof deck over the rear portion of Boxers’ first floor.

The popular LGBT venue is located at 1330 Walnut St.

In a July 31 legal brief, Boxers blasts city officials for identifying LGBT bars in the Gayborhood and requiring them to attend antibias training. Boxers claims the same type of alleged anti-LGBT bias caused the roof deck’s removal.

Wally S. Zimolong, an attorney for Boxers, told PGN he stands by the allegations made in the July 31 court filing.

“The city said we didn’t provide adequate evidence of a pattern of unequal treatment of LGBT establishments by city officials,” Zimolong said. “So we amended the complaint and detailed the disparate treatment of LGBT bars in what the city calls the Gayborhood. City officials looked at a geographic area that they called the Gayborhood. Then, they picked and chose bars they felt catered to the LGBT community. The bars were ordered by city officials to attend a public hearing and follow-up antibias training. That’s outrageous.”

Zimolong emphasized that he opposes racism anywhere.

“Racism in general is antithetical to American values. Use of the N-word by a business owner is repugnant and reprehensible. That goes without saying. But there’s no evidence that my clients ever engaged in such conduct. Yet they were ordered [by the city] to attend a public hearing and subsequent antibias training. We believe that recent situation spotlights our underlying allegation of unequal treatment of Boxers regarding the roof deck.”

An Aug. 8 defense filing by the City Law Department scoffed at Boxers’ allegations.

“To the extent that [Boxers] argues the city harbors [anti-LGBT] animus because it investigated discrimination by bar owners, such an argument is frivolous. Investigating discrimination by owners of bars that cater to the LGBT community hardly suggests that the city has a bias against LGBT persons — but rather suggests that the city has gone out of its way to protect LGBT persons from illegal discrimination.”

Andrew Richman, a spokesperson for the City Law Department, issued this statement: “The claim in the lawsuit trying to link the denial of a permit for a roof deck and last year’s outreach by the Philadelphia Commission on Human Relations to the LGBTQ community is misplaced … The [antibias] trainings that took place this year were the result of PCHR’s report addressing racism and discrimination in Philadelphia’s LGBTQ community. To suggest that the city’s efforts via the PCHR to deal with racism and discrimination in the LGBTQ community is evidence of discrimination is illogical and offensive.”

As of presstime, Boxers’ suit remained pending before U.S. District Judge Juan R. Sanchez. The bar is requesting a jury trial.

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Tim Cwiek
Tim Cwiek has been writing for PGN since the 1970s. He holds a bachelor's degree in history from West Chester State University. In 2013, he received a Sigma Delta Chi Investigative Reporting Award from the Society of Professional Journalists for his reporting on the Nizah Morris case. Cwiek was the first reporter for an LGBT media outlet to win an award from that national organization. He's also received awards from the National Lesbian and Gay Journalists Association, the National Newspaper Association, the Keystone Press and the Pennsylvania Press Club.