An Alabama business owner has sued a town for allegedly causing his business to close after denying him business licenses due to “animus towards” his sexual orientation and attempt to host a drag show.
The federal lawsuit was brought by Thomas Fuller against the Town of Rockford in the United States District Court for the Middle District of Alabama Northern Division.
The town’s attorney, Tom Young Jr., provided a statement to AL.com regarding the lawsuit.
“We have certainly received the lawsuit and we have viewed the allegations contained therein,” Young said.
“We vehemently deny the truth of those matters asserted in the lawsuit, and plan to vigorously defend it.”
Fuller, who identifies as gay, obtained a business license from the Town of Rockford on May 24, 2023 to operate his restaurant, Crossroads Bar and Grill, the complaint says.
Fuller subsequently obtained a license from the ABC Board to sell liquor while he attempted to obtain a liquor license from the town.
The lawsuit states that Fuller met with Rockford’s Town Council in July 2023 to “request the same approval routinely granted to other establishments.”
However, Fuller’s hearing request was postponed to August after being questioned about his business.
Fuller said he advertised a drag show at Crossroads and was immediately sent a cease-and-desist letter from the Town of Rockford.
“On August 14, 2023, Rockford’s Town Council issued Plaintiff a cease-and-desist letter,” the lawsuit reads.
“The letter claimed that the drag show was in violation of any license Crossroads obtained. Plaintiff canceled the show. At the August 21, 2023, Rockford Town Council Meeting, Plaintiff was denied the requested letter of approval. Crossroads was the only business in Rockford that was denied a liquor license.”
On Sept. 19, 2023, the complaint says that the Rockford Town Council denied issuing Crossroads any subsequent licensing and revoked the transfer of the ABC Board transfer license.
This allegedly caused Fuller to go out of business because it prevented him from providing entertainment or selling alcohol at Crossroads.
“When Plaintiff advertised a drag show at Crossroads, Rockford immediately issued a cease-and-desist order, claiming he lacked the proper licensing for such activities,” the complaint said.
“Yet other establishments regularly hosted live entertainment, including music and karaoke, without possessing any “entertainment” license or being subjected to enforcement actions. The only meaningful difference between Plaintiff and those establishments was Plaintiff’s identity as a heterosexual man and his willingness to host LGBTQ-friendly entertainment.”
Fuller alleges that the town’s discriminatory actions violate the Fourteenth Amendment’s Equal Protection Clause and meet the standards of tortious interference with contractual or business relations.
Fuller seeks a trial by jury to determine the compensatory, nominal and punitive damages owed to him due to the “suffering” incurred by the Town of Rockford.
If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.
