NYC property owner: Restaurant and bar is okay, gay restaurant and bar is not

[unhappycamper]

http://www.rawstory.com/rs/2014/04/20/nyc-property-owner-restaurant-and-bar-is-okay-gay-restaurant-and-bar-is-not/



NYC property owner: Restaurant and bar is okay, gay restaurant and bar is not
By Tom Boggioni
Sunday, April 20, 2014 20:07 EDT

A Brooklyn bar owner whose establishment has been struggling financially for years is taking his landlord to court over a stipulation in his lease which forbids him from running gay bar or restaurant at the location.

According to Out Traveler, John McGillion, owner of LuLu’s a bar in Greenpoint, Brooklyn for nearly a decade, feels that he could turn his fortunes around at the location by converting into a LGBT hangout. However he is prevented from doing so by a clause in his lease which specifically states: “The Leased premises shall be used by Tenant as a restaurant and bar. It shall not be used for adult entertainment and shall not be operated as a gay or lesbian bar and/or restaurant.”

McGillion has filed suit in Brooklyn Supreme Court asking a judge to find clause invalid, and to allow him to extend the deal by two or three more years.

“I am barely scraping by on the proceeds of the bar . . . If I am permitted to operate a gay bar at the premises I believe that I will be able to make a considerable profit,” McGillion said in his filing.

[pipoman]

1. It would be interesting to see the outcome of this. ..

[closeupready]

2. That clause, IMO, is unenforceable since it discriminates effectively

against GLBT people.

Separately, I'm not sure exactly why he thinks that location will do better catering to GLBT people, but he should be able to take that risk, if he wants. Lots of new developments around there, and much more on the way.

[KurtNYC]

3. During the late 90s a lot of gay bars closed as many other bars became mixed / don't care.

The clause would seem unlawful and therefore not legally binding.

About the only rule for any bar in NYC should be: Be good or be gone.

[Fearless]

4. Ahh an interesting conundrum for the 21st century of LGBT rights

Of course, they shouldn't be banned from having a gay bar. But, I'd suggest that gay exclusive bars/clubs are also on the decline. At least in my area. So, I really don't see the owner's point. Sure there are tons of bars and clubs that cater to LGBT patrons, but as of late they tend to be less exclusive. It is admittedly a controversial issue and I can understand both sides. First, there are LGBT people who want exclusive locations where they can be themselves and be free from discrimination, a safe zone if you will. And there are bar/club owners who are looking at their bottom line as of late and aren't liking what they're seeing. More so, as more LGBT people come out and are accepted by friends and family (and the community at large), I find a marked increase of LGBT people just simply going to regular old bars and clubs as they tend to be more numerous and in many cases closer. Additionally, I find that while occasional all LGBT nights out are still common occurrences, more often than before mixed groups go out and tend to go to LGBT-friendly establishments and not necessarily LGBT exclusive bars/clubs. Of course, this is New England. I'm sure there are tons of places in this country where it would be seen as strange or offensive for LGBT couples to be dancing at non-LGBT clubs or having fun at a non-LGBT bar. But, it's really not the case around here, especially as the newest generation of drinkers have come along, those coming of age in the ten years (this May) since MA passed marriage equality.

I suppose from my perspective, if the owner's concern is money and thinks that a LGBT-exclusive bar would profit him, I would suggest that just a LGBT-friendly establishment would bring in both crowd's money and suit everyone's needs. Even though I understand fully why people want and need LGBT-exclusive environments, I don't see it being lucrative in the coming decade. Besides, there are TONS of gay bars in NYC and the surrounding areas. If he doesn't have some big draw to his, he will not succeed, just the same as any bar.

[Politicalboi]

5. Totally agree

I don't think he needs it to be "exclusively LGBT" in time, it may take over. If you don't want to be around a lot of gay people, those who choose that will soon know to stay out of that place. Rename the place Open Minds!