Thursday, October 11, 2007

NBC: Lesbian ejected from ladies' restroom calls for wider gender discrimination protections

NBC: Lesbian ejected from ladies' restroom calls for wider gender discrimination protections
Nick Langewis and David Edwards




Imagine going to the bathroom in a restaurant, when suddenly a bouncer comes in and tries to kick you out," opens anchor Meredith Vieira.

Such is the story of 28-year-old Khadijah Farmer, who recently lodged a lawsuit against New York City restaurant Caliente Cab Company over an incident that took place during this year's gay pride parade.

Farmer and her attorney, Michael D. Silverman of the Transgender Legal Defense & Education Fund, appeared on NBC's Today Show Thursday morning.

"My girlfriend and I decided to have dinner at the Caliente Cab Company with another friend of ours," says Farmer, "and shortly after, I excused myself and went down to the ladies' rest room."

"I was in there maybe a minute by myself before I heard a very loud bang opened up the bathroom door, and then the bouncer was standing directly in front of the stall that I was using."

Ms. Farmer's account is that a bouncer had heard a report of a man in the ladies' restroom, entered the restroom and demanded that she immediately leave. She says the bouncer refused to look at her identification to prove her gender.

"He rushed me back upstairs towards our seating area, and we were forced to pay for the food that we did eat, and the three of us were kicked out of the restaurant."

"Needless to say," continues Farmer, "that night was incredibly embarrassing and quite humiliating...I didn't do anything except go to the bathroom."

Ms. Farmer has been mistaken for a man before because of her short hair and her manner of dress, but, she says, "this was the incident that went over the top for me."

"I mean, I've never been removed from an establishment, much less--the place I was patronizing, because of the way I look."

"The complainants' representatives would not discuss any issues, nor consider the overwhelming evidence contradicting [the] complainant's allegations, without a prior promise of serious monetary compensation to the complainant. This is their primary interest."
--Caliente Cab Company statement

Mr. Silverman contends that he and his client are not out for money, but they want to make sure that the situation Khadijah Farmer doesn't play out again. On being asked why they haven't settled, Silverman says he wants more action to be taken, such as senstivity training for employees, and policies that ensure that legal protections based on gender expression are recognized.

"Who gets to decide whether someone's gender expression is appropriate? Is it Khadijah, or is it every bouncer in a restaurant?"

While New York City has legal protections based on an individual's gender expression, says Ms. Farmer, there is no state law to match, and as diverse a people as Americans are, there ought to be wider ranging laws in place.

The following video is from NBC's Today Show, broadcast on October 11, 2007.



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