Khadijah Farmer’s turning up the heat on the Caliente Cab restaurant.
The butch lesbian got booted from the eatery on gay pride when a bouncer found her in the ladies room. Now Ms. Farmer’s looking for some justice – she filed a lawsuit:
Farmer said she was using the women’s bathroom when a male bouncer burst in and banged on the stall door, saying a customer had complained that there was a man in the women’s room.
The lawsuit alleges that the bouncer insisted Farmer was a man and refused to look at her identification, which she offered as proof that she is a woman.
“I was thrown out of the restaurant because of who I am and how I look,” Farmer said. “It was humiliating. No one should be subjected to that type of discrimination.”
Farmer’s lawsuit alleges the bouncer employed a little sex stereotyping and tossed her because she doesn’t fit prescribed gender roles. As Lambda Legal pointed out, such a stipulation would be protected by the recently neutered ENDA.
While New York state law doesn’t explicitly protect trans people – of which Farmer is not – the young woman and her lawyers are hoping to work some legal magic:
While Ms. Farmer herself is not transgender, [the Transgender Legal Defense and Education Fund] sees the case as strategically important and potentially precedent-setting, said Michael D. Silverman, the executive director and general counsel of the Transgender Legal Defense and Education Fund.
The suit is being filed under both city and state law. The city law, whose gender protections are generally considered more expansive, is intended to protect residents whose gender expression is different from what is traditionally associated with the legal sex assigned to a person at birth.
While state law does not include such a protection, the defense fund argues that state law should be interpreted as protecting New Yorkers against sexual stereotyping, in which individuals are expected to conform to societal expectations of gender-appropriate behavior. The fact that the bouncer refused to look at Ms. Farmer’s identification card before ejecting her demonstrated that he was judging her simply by how she looked, Mr. Silverman said.
That is, the security guard though Farmer had a phallus, because women can’t be masculine.