Threats Over Drag Shows Made By Liquor Board, Businesses Allege

BEL AIR, MD — Longtime residents, business owners, drag show performers, nonprofit representatives, LGBTQ supporters and concerned community members were among the more than two dozen people who testified Wednesday before the Harford County Liquor Control Board about behavior by its staff that they alleged was discriminatory. Business owners who planned to host drag events were singled out and threatened with revocation of a business's liquor license, they said, if they chose to host drag shows.

Protesters outside the liquor board's office on Main Street in Bel Air chanted for the resignation of the liquor board inspector, as 27 people spoke over the course of two hours about what they said was a vague law not being applied equally to businesses around the county.

Liquor board inspector William Colburn is accused of targeting and intimidating businesses that planned to hold drag events. He did not respond to a request for comment from Patch, and he did not speak at the May 22 board meeting.

"He is being discriminatory to the LGBTQ community. He is threatening liquor licenses. He has told several people that he will send undercover junior [police] cadets to these venues with cameras," Ronald Young, who identified himself as an LGBTQ performer, said at the hearing.

RELATED: Drag Shows Stir Controversy For Harford Liquor Board

The liquor inspector allegedly threatened to film drag events from various angles until he was able to make it appear there was a violation at Harford County establishments that that hosted them.

"You have also told several places of business that you will do and find whatever it takes to pull these liquor licenses..." Young said, addressing the liquor board inspector, who stood at a podium, saying nothing. "How many heterosexual bars and night clubs have you been to and pinpointed these same laws?" said Young. "You have been to every LGBTQ event venue and are harassing and threatening to pull liquor licenses."

Law Around Nudity And Sexual Displays

The Harford County Liquor Control Board issued a statement indicating that it had sent representatives to "certain business owners" to advise them of the law.

"In recent months the board inspector and administrator have both met with and or spoken to various owners of licensed establishments regarding entertainment that was proposed to be held at their licensed premises," Harford County Liquor Control Board Chair Sheryl Davis Kohl said in a prepared statement that she read before anyone from the public spoke at the May 22 meeting.

"The liquor board inspector and administrator met with certain business owners in an advisory capacity to remind them of the board rules and state laws governing licensed establishment as it pertains to nudity and sexual displays," Kohl said.

• Read the full statement from the board at the end of the article.

At issue was Rule 4:23 of the Harford County Liquor Control Board's Rules and Regulations, which governs attire and entertainment.

It requires revocation of a liquor license on the basis of exposing breasts or genitalia or allowing or encouraging others "to caress or fondle" breasts, buttocks or genitals.

Performers in establishments licensed to sell liquor in Harford County may also not provide entertainment that simulates "sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or a sexual act that is prohibited by law; [or] the caressing or fondling of the breast, buttocks, anus or genitals; or the display of the pubic hair, vulva or genitals."

An issue that raised concern initially for the liquor inspector was a proposal by the Jarrettsville VFW to host a fund-raiser with male strippers during the winter, which was against the law.

"We were not aware of that law at the time," Larry Dougherty Jr. testified on Wednesday, May 22.

The group canceled the event and planned to change it to something else, as it was supposed to be the organization's main fundraiser during the winter. From male strippers, the concept shifted to a "naughty bingo" and drag queen show that would be modified to meet code.

After the new plan was proposed, he said that Colburn called him up and threatened him. The inspector said that if people attending the bingo event got into a basket and "started playing around, well that's breaking the law," Dougherty said.

Then the inspector went further to make his point, according to Dougherty.

"His exact words were 'I cannot tell you to cancel this event, but if you go forward with it, I will show up with a video recorder and as soon as something happens, I'm pulling the license,'" Dougherty said. "I felt threatened. That's kind of a bullying tactic."

He said his name will be off the liquor license as of June 1 because a new commander is coming in, but he said he felt he needed to say something.

"I just felt threatened," Dougherty said, "and so that's why I'm here, to make a statement."

Attendees and organizers of the drag shows in Harford County say that their events do not violate the liquor code. Typically, drag shows feature men dressed as women who lip sync.

"There was nothing at all sexually explicit in any of the performances that I have been to," said Harford County resident Eileen Siple, who testified that she had taken her children to drag events in Baltimore County and Baltimore City. Her daughter, she said, told her there was more explicit dancing at her prom at C. Milton Wright High School.

Another woman testified that she and her children went to a drag brunch at MacGregor’s in Havre de Grace recently and had the same impression.

"The presentation that I saw was entertaining, funny, it was a combination of music and dance and just good humor, and it was a packed crowd," Harford County resident Susan Deeney said. "The performers were professional, and it was a good experience, and I can’t see that this should happen, that people should have their liquor licenses pulled because of this entertainment."

Irina Brusilovsky, co-owner of Simply Sinful Events, said all drag shows in Harford County that she had planned met the code. Her business coordinates shows with drag queens in Harford and Baltimore counties as well as Baltimore City.

All future events in Harford County were canceled after her clients met with Colburn, she said.

The liquor board held to its position that it did not forbid the shows.

"At no time were the licensed establishments told they could not have these companies perform, but rather the board inspector and administrator made it clear that the decision rested solely with the business owners," Kohl said in her statement on behalf of the liquor board.

While business owners were told it was up to them to have their events, they reported back to their allied businesses that the decision would be met with retaliatory action.

"Our venues felt very intimidated and threatened," Brusilovsky said. "They believed that Mr. Colburn...would find any reason to take away their license not necessarily only at those events....They felt that their license was in jeopardy."

She told Patch that she had to refund more than 200 tickets and cancel four events. Tickets are $26.50.

Her business partner Debbie La Torre said she received several phone calls within a three-hour period after her clients met with Colburn.

The liquor inspector "expressed that the venues have so much to lose if they were to lose their licenses," La Torre testified, noting some had taken out second mortgages.

"Even though none of our venues know each other," La Torre said, "all used the same language in that 'He threatened me.’"

When Colburn made the venues aware of the law and the business owners said they still planned to hold events because they were in compliance, Colburn said that he "'will set up video recorders'" and "'the minute something could be construed as misrepresentation of the law, that their liquor license would be pulled,'" La Torre said.

"After speaking with Mr. Colburn, every single one of the events canceled, without hesitation," she added.

Complaint Filed Over Threats

Notably absent from the liquor board meeting were restaurant owners, who are the usual crowd at the meeting, where those planning to sell liquor at their events and venues appear before the board for issues related to licenses and permits.

Multiple business owners "specifically said, 'We feel threatened'" and that "'We don’t want any repercussions from it,'" La Torre said of her clients, who cited the power the liquor board holds.

The Harford County Liquor Control Board's statement indicated no problem.

"No complaints have been made to the Harford County Liquor Control Board to date regarding these companies nor have any licensed establishments been cited for violations,"Harford County Liquor Control Board Chair Sheryl Davis Kohl said.

"We didn't have one person, one business, that's come in to tell us," Kohl said, when the first person to testify asked what would be done to rectify what he called intimidation.

That is untrue, according to Simply Sinful Events.

"...We have copies of two emails sent to [Liquor Board Administrator Pilar Gracia] prior to the hearing formally complaining," Simply Sinful wrote in an email to Patch on May 23.

Procedure, Law Pose Problems

Official documentation — or lack therof — regarding the visits by the liquor board representatives to business owners was another cause for concern, according to one person who testified.

"As we understand it, these visits are not documented in writing," said Winnie Hull of the Maryland LGBT Chamber of Commerce, who is a resident of Harford County. "This appears unusual to the chamber considering the importance of an official communication from the board to a business concerning the potential revocation of their license."

In addition, Hull said that the board did not appear to be treating drag shows equitably as far as enforcement.

“On the surface, the board’s actions seem to have appeared to have singled out this entertainment style for increased scrunity under regulation 4:23," Hull said of drag shows.

"We are concerned the board’s actions have resulted in these consequences: unnecessary loss of revenue to the drag performers, which are LGBT-owned businesses effectively, and the allied businesses supporting these performers. Secondly, there is a creation of a divisive atmosphere where Harford County is seen as unwelcoming to LGBT people, businesses and tourism,” Hull said.

The chamber was present at the May 22 liquor board meeting to "provide support for all parties" in hopes of "restoring the perception that Harford County is welcoming to all," Hull said.

In addition to the way it was being applied, the liquor code itself was problematic, particularly around touching parts of the body, some said.

Rule 4:23 applies not only to employees and entertainers at licensed establishments but also to those who are patronizing them, dictating anyone inside a business may not caress another.

"Basically, if my husband and I walked into a venue that has a liquor license, and either one of us put our hands on each other’s buttocks for whatever reason...that is a direct violation of this policy," Brusilovsky said. "A performer could take their hand and run it across their chest area and adjust their costume or outfit and technically be in violation of this law."

Said Brusilovsky: "We feel that the law is written very very vaguely."

Above, Tom Marston, who owns Naughty Bingo and coordinates drag events that raise money for charity, testified that he was concerned about the vague liquor law and the ability for it to be used against certain groups.

If one was pledging allegiance, would that be considered "fondling" or inapproriate touching? he asked.

"We know that the events weren't canceled," Marston said. "We know that we could do these events. But when someone comes in and threatens you and says, 'We'll find another reason to close this bar down,' it's sad that you even let him on your board.'"

Full Statement From Harford County Liquor Board

Harford County Liquor Control Board Chair Sheryl Davis Kohl read the following statement by the board into the record before the public comment. Because the room could accommodate fewer than 15 people in the audience, not everyone who was in attendance was able to hear it.

“The Harford County Liquor Control Board is not a legislative body. The board exists to enforce the local and state rules and regulations as they pertain to alcoholic beverages in licensed establishments in Harford County. In recent months the board inspector and administrator have both met with and or spoken to various owners of licensed establishments regarding entertainment that was proposed to be held at their licensed premises. Based on the marketing and advertising materials that were published at the time of these meetings and conversations, the board was led to believe that if certain of these entertainment groups were permitted to perform at the licensed establishment, the owners would be subjecting themselves to potential violations of board rules and state law regarding nudity and sexual displays. In an effort to keep open lines of communication with business owners and licensed establishments, the liquor board inspector and administrator met with certain business owners in an advisory capacity to remind them of the board rules and state laws governing licensed establishment as it pertains to nudity and sexual displays. At no time were the licensed establishments told they could not have these companies perform but rather the board inspector and administrator made it clear that the decision rested solely with the business owners.

"No complaints have been made to the Harford County Liquor Control Board to date regarding these companies nor have any licensed establishments been cited for violations.

"If and only if a licensed establishment were found to have violated the board rules and/or state law regarding nudity and sexuality, sexual displays, the licensed establishment would be cited for a violation, asked to appear for a hearing before the board and subject to revocation of the applicable license if required at that time in accordance with the applicable alcoholic beverages law.”