Ban on Gay BarAbout 10 years ago, John McGillion leased an establishment located in Greenpoint, Brooklyn, from his landlord, Guard General Merchandise Corp.  In 2005, McGillion opened up his Brooklyn bar, Lulu's, at that location.   McGillion claims that since the time he leased the establishment, the Greenpoint area has seen a huge growth in the gay and lesbian population. In order to stay current and meet the needs of the growing gay and lesbian community, as most business owners looking to make a profit would do, sources indicate that McGillion showed an interest in converting Lulu's into a gay bar.

"Premises Shall Not Be Operated As A Gay Or Lesbian Bar"

Unfortunately for McGillion, his wishes were shot down by a single provision in the lease agreement with his landlord.  In the lease agreement, McGillion had agreed that the leased premises "shall not be used for adult entertainment and shall not be operated as a gay or lesbian bar and/or establishment."

Tenant Wants The Judge To Declare The Lease Provision Prohibiting The Opening Of A "Gay Or Lesbian" Bar Invalid

10 years later, this provision is not sitting well with McGillion.  He has stopped paying rent of the premise and has also filed a lawsuit against his landlord asking the "the judge to declare the controversial clause invalid."  Moreover, since he only has 10 months left on his lease, he wants the judge to extend his lease by two or three years.  Is it just me or does this entire ordeal seem like a ploy to get his day in court and extend his lease?

In my opinion, as backwards as this provision may seem, McGillion should have thought about its repercussions before signing the lease agreement 10 years ago.

Click to read helpful information about landlord tenant laws as well as rental agreements.

What are your thoughts?