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Deny Aruba’s motion to dismiss, court appealed November 15, 2006

Posted by lagablab in campaigns, Discrimination, gay rights, lagablab alert!.

alert.jpgInday Garutay’s lawyer and AKBAYAN counsel Atty. Jae dela Cruz asked the Pasig City Regional Trial Court to deny Ban Goza’s motion to dismiss because it is “bereft of merit.”

The Opposition, filed on November 10, 2006, stated that Ban Goza Corp., owner of Aruba Bar and Restaurant, and its incorporators have already submitted voluntarily to the jurisdiction of the court since they filed two pleadings that did not qualify that they are questioning the court’s jurisdiction. Therefore, they already waived their right to question the alleged improper service of the summons.

Furthermore, the sheriff’s report “discloses that when the sheriff left the summons with her, she made a phone call to Jasper Chua, one of the incorporators, and after which, proceeded to receive the summons.” They could no longer deny the competence or the validity of the receipt of the summons.

The Opposition also argued that the case merits a full blown trial. The allegations that Aruba committed an act of discrimination are enough to instigate a proper hearing on the case.

The plaintiff likewise chided Ban Goza for some of its contentions and misrepresentations:

“To permit defendants’ contentions would be to create a policy environment wherein homosexuals are accepted — but only if they conform to the arbitrarily-established social standards, only if they do not inconvenience, only if their behavior does not ruffle the sensibilities of the greater heterosexual population. That these standards appear to be unjustified and unexplained appears to be of no import. Defendants appear to suggest that they are there, and compliance is mandatory if one does not wish to incur censure or, in this case, be barred from restaurants. “

It also questioned Aruba’s notion of democracy. It said that “the true essence of democracy is anchored on pluralism and diversity, the accommodation of divergent voices, and the aspiration of a world where everyone is truly equal and truly free.”

Download the opposition here.

Meanwhile, the judge handling the case against Aruba bar and restaurant is about to retire this December. The hearing on Ban Goza’s motion to dismiss was therefore moved to January 9, 2007.



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