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Bar owner seeks help in transgender fight
Lesley Wright
The Arizona Republic
Aug. 7, 2007 11:32 AM
SCOTTSDALE - A Scottsdale bar owner said he will fight a discrimination complaint that transgender patrons made to the Arizona Attorney General's Office.
Tom Anderson, owner of Anderson's Fifth Estate Night Club, 6820 E. Fifth Ave., said he has refused to voluntarily be interviewed under oath by the Attorney General's Office.
“If the Attorney General's Office wants to talk to me, they need to serve a subpoena,” Anderson said. Since the ramifications of the case could be “staggering” for other restaurants and bars, Anderson said he has launched a legal defense fund to fight the charges.
Andrea Esquer, spokeswoman for the Attorney General's Office, said the office can not acknowledge complaints. No formal charges or lawsuits are pending, Esquer said.
The dispute began late last year when Anderson asked Michele deLaFreniere and some other patrons to leave the night club because they had “freaked out” women customers by using the women's rest rooms.
When the transgender patrons tried to use the men's room, they complained to Anderson that male patrons harassed them and took their pictures.
“It was determined that the safest course for the protection of all was to exclude these particular individuals because their conduct was creating tension at the night club,” Anderson said.
DeLaFreniere, who is chairman of the Scottsdale Human Relations Commission and a city employee, said it was a matter of discrimination and filed the complaint.
Chuck Kelhoffer, Anderson's attorney, said the bar owner is concerned that the attorney general could press charges of discrimination on the grounds of sexual stereotyping. The argument has been used primarily in employment cases. Anderson said that he has no bias against transgender individuals, but could not afford to put in a third rest room specifically for that group.
The cost of fighting the case could be high.
“Since this situation has turned out to be a national issue and I am defending myself and a lot of other people that will be in my position, the (legal) prices will be overwhelming,” Anderson said. “There's no way to mount this defense without putting my businesses in jeopardy so I am putting together a defense fund.”
Lesley Wright
The Arizona Republic
Aug. 7, 2007 11:32 AM
SCOTTSDALE - A Scottsdale bar owner said he will fight a discrimination complaint that transgender patrons made to the Arizona Attorney General's Office.
Tom Anderson, owner of Anderson's Fifth Estate Night Club, 6820 E. Fifth Ave., said he has refused to voluntarily be interviewed under oath by the Attorney General's Office.
“If the Attorney General's Office wants to talk to me, they need to serve a subpoena,” Anderson said. Since the ramifications of the case could be “staggering” for other restaurants and bars, Anderson said he has launched a legal defense fund to fight the charges.
Andrea Esquer, spokeswoman for the Attorney General's Office, said the office can not acknowledge complaints. No formal charges or lawsuits are pending, Esquer said.
The dispute began late last year when Anderson asked Michele deLaFreniere and some other patrons to leave the night club because they had “freaked out” women customers by using the women's rest rooms.
When the transgender patrons tried to use the men's room, they complained to Anderson that male patrons harassed them and took their pictures.
“It was determined that the safest course for the protection of all was to exclude these particular individuals because their conduct was creating tension at the night club,” Anderson said.
DeLaFreniere, who is chairman of the Scottsdale Human Relations Commission and a city employee, said it was a matter of discrimination and filed the complaint.
Chuck Kelhoffer, Anderson's attorney, said the bar owner is concerned that the attorney general could press charges of discrimination on the grounds of sexual stereotyping. The argument has been used primarily in employment cases. Anderson said that he has no bias against transgender individuals, but could not afford to put in a third rest room specifically for that group.
The cost of fighting the case could be high.
“Since this situation has turned out to be a national issue and I am defending myself and a lot of other people that will be in my position, the (legal) prices will be overwhelming,” Anderson said. “There's no way to mount this defense without putting my businesses in jeopardy so I am putting together a defense fund.”