behavior which, according to the supermarket, involved “kisses, caresses and hugs.” 158
To this end, the company provided, inter alia, the statement of the supervisor, who
reported that a customer had complained of being “uncomfortable and annoyed” by the
“attitude of two gentlemen,” thus highlighting the fact that it was a homosexual couple
who were engaging in displays of affection. 159 This emphasis on the homosexual nature
of the acts – an issue that would not have arisen in the case of a heterosexual couplewas also reinforced by another statement provided by the company, made by the
supermarket’s Head of Loss Prevention, who indicated that “when children passed by or
left the play area, they witnessed two people of the same sex kissing and caressing each
other,” which made some customers feel “uncomfortable.” 160
113. Furthermore, this Court is aware of the content of several letters written by
customers to the supermarket, which were included in its answering brief and which
contained openly discriminatory comments, such as:
- “as a mother, I don’t agree with them doing these things in public places […] they
should have some respect and do them somewhere else, and avoid giving us an
unpleasant time […] and discrediting this place;” 161
- “what I disagree with is that they do scandalous acts and displays in public […] all
these acts should be done in private; they should not be exhibiting themselves,
causing rejection in people and astonishment in children, especially when there
are underage children”; 162
- “I would like to express my total disgust at the immoral behavior by couples in
public places with large numbers of people and children, even more so if they are
homosexuals […] because [children] become confused and parents should
demand respect and good manners;” 163
- “it is not possible for our children to witness absurd acts that go against the Law
of God;” 164
- “I express my disapproval of the acts carried out by the gays of the MHOL
(Homosexual Movement of Lima) which go against morals and decency […] on
158
Cf. Answering brief of Supermercados Peruanos S.A., of October 19, 2004, paras. 2, 7 and 9 (evidence
file, folios 14, 15 and 16).
159
Cf. Statement of G.M.P, manager of Supermercado Santa Isabel - San Miguel, of October 14, 2004
(evidence file, folio 21).
160
Cf. Report No. 056-J.P.P. of C.Q.D, Head of Loss Prevention, Supermercados Santa Isabel - San
Miguel, of August 12, 2004 (evidence file, folio 23).
161
Cf. Letters provided by Supermercados Peruanos S.A. as annexes to the answering brief of October
19, 2004 (evidence file, folio 1852).
162
Cf. Letters provided by Supermercados Peruanos S.A. as annexes to the answering brief of October
19, 2004 (evidence file, folio 1853).
163
Cf. Letters provided by Supermercados Peruanos S.A. as annexes to the answering brief of October
19, 2004 (evidence file, folio 1855).
164
Cf. Letters provided by Supermercados Peruanos S.A. as annexes to the answering brief of October
19, 2004 (evidence file, folio 1856).
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