IRVINE : Hearing to Consider Damages to Gay Man

In a ruling hailed as a victory for gay rights, an appellate court has reversed a lower court ruling in a discrimination lawsuit against an Orange County photographer who refused to take a picture of two male partners at an Irvine high school reunion.

Actor David Engel, 34, of Los Angeles, filed a discrimination lawsuit in 1987 after photographer Dan. L. Worthington, of Worthington Reunion Photographers, refused to publish a photo of him and his “life partner” in a “memory” book, according to attorney Gloria Allred. She is one of two attorneys representing Engel.

The 4th District Court of Appeal in Santa Ana on Thursday ordered Orange County Superior Court Judge David H. Brickner to set a hearing to decide damages to be awarded to Engel, a 1977 graduate of University High School in Irvine who is currently starring in a London production of “Forever Plaid.”

“The trial court and the parties focus on Engel’s homosexuality,” according to the Sept. 30 published opinion that determined Worthington had discriminated on the basis of sex. “They miss the point. . . . It matters not whether Engel is homosexual or heterosexual. Had Engel’s guest been female, no controversy would exist. At issue, then, is Worthington’s refusal to print Engel’s picture, with his guest, in the memory book because both were male.”

Worthington and his attorney did not return phone calls Friday seeking comment. Worthington had testified in the past that publishing photos of same-sex couples was against his business practices, and he would not allow others to tell him how to run his business.

In a statement released by Allred, Engel said he is pleased with the court’s ruling.

“This case has been a personal quest for justice,” his statement said. “I’m happy and proud . . . this case will shine as an example to businesses all over that bigotry and discrimination will not be tolerated.”

The suit sought a court order forcing Worthington to publish the photos. It also claimed discrimination under the Unruh Civil Rights Act, which bars businesses from discriminating on the basis of race, sex or religion.

An Orange County Superior Court judge signed a preliminary injunction forbidding Worthington from excluding the couple from the memory book, but Engel lost at trial when a judge found that Worthington’s policies did not represent intentional discrimination. Engel and his life mate, Eric Underwood, appealed that ruling.