Verdict for Gay Bar Upset; New Trial Ordered

A federal district judge Wednesday ordered a new trial in a lawsuit over alleged police harassment at a now-defunct gay bar in Garden Grove, overturning a $111,000 jury verdict in the case.

The new trial, granted by U.S. District Judge J. Spencer Letts in Los Angeles, was sought by the Police Department and six police officers, including Police Chief Francis (Frank) Kessler, who were defendants in the civil suit filed by owners of the Garden Grove bar.

On Jan. 12 a federal court jury ruled in favor of Don and Nancy McGuire, who had owned Mac’s Landing, a Garden Grove Boulevard bar frequented by gay customers.

The McGuires had alleged that police harassment frightened patrons away and caused “severe and irreparable economic harm.” Jurors agreed and awarded the couple $110,000.

Orange County gay leaders had considered last month’s verdict significant, saying it was a rare example of owners of a gay bar fighting the police.

Opened in November, 1984, Mac’s Landing closed June 1, 1985, after what the owners called a month of police harassment that, they said, included officers taking flash photographs of patrons entering and leaving, and discouraging customers by parking a police car for long periods in front of the tavern.

Judge Letts, in deciding to grant a new trial, set a pretrial hearing for May 29 in U.S. District Court in Los Angeles.

Reacting to Letts’ decision, the McGuires’ attorney, Michael Cisarik, said Wednesday: “This judge doesn’t think that these kinds of things are happening out there against the gay community by police.”

But Cisarik said he intends to try the case “again and again” if necessary, to persuade Judge Letts that police actions were responsible for the bar’s closure.

Garden Grove Police Capt. John Robertson said Wednesday that he “felt better, but not totally vindicated” by Judge Letts’ ruling. With the new trial, “we’re back to ground zero,” Robertson said.

“We have always felt we can win this, and with the new trial we can,” said Scott Whitcomb, an attorney representing Garden Grove and its Police Department.

Overturns Judgments

Letts’s decision overturns judgments against Chief Kessler, Lt. Kenneth Adair and Lt. John Urbanowski, who were ordered to pay $10,000 each in compensatory damages and another $7,000 each in punitive damages.

The decision also overturns judgments against three patrol officers, Mark Hutchinson, Dennis Stanfield and Frank White. No money judgments were ordered against those officers personally.

Although the judge refused to discuss the case, Whitcomb and co-counsel, Thomas B.Cummings, had argued that Letts had admitted evidence during the trial that was prejudicial and irrelevant.

Whitcomb said the judge erroneously allowed the plaintiff to offer evidence of suspected police antagonism toward gays dating back to 1977. The focus should have been on what occurred during the time of the bar’s closure, he added.

Cisarik said he notified the McGuires, who now live in Kentucky, about the judge’s decision.

“McGuire’s reaction was good. He wants another shot, and he thinks the verdict will be bigger. So do I,” Cisarik said.

Mac’s Landing has changed hands twice since its closure. A new bar, the Gasp, opened three weeks ago, catering to both gay and non-gay customers.