http://www.365gay.com/newscon04/05/051904tgNYC.htm
Uphold New York Gender Identity Protections Court Urged
by 365Gay.com Newscenter Staff
Posted: May 19, 2004 8:02 pm. ET
(New York City) In the first transgender discrimination case to reach a New York state appeals court, the American Civil Liberties Union today urged the court not to deny transgender New Yorkers protections against discrimination.
“The laws of New York State clearly protect transgender people from discrimination, yet our opponents are trying to take those protections away,”
said ACLU attorney Edward Hernstadt.
“We asked the court to make it clear once and for all that gender identity discrimination is not somethingNew York will tolerate.”
Hispanic AIDS Forum, an AIDS service organization represented by the ACLU, brought suit against its former landlord after it was evicted because other
tenants complained that HAF’s transgender clients were using the “wrong” bathrooms.
The landlord banished all transgender people from the common areas of the building, including all restrooms.
Although the landlord’s lawsuit centers on the claim that transgender people are not protected by the state’s civil rights laws, the ACLU points out in its brief that trial courts in four previous cases have all held that discrimination against transgender people is illegal in New York.
“The landlord argues that transgender people are completely without civil rights protection in New York State,” said James Esseks, Litigation Director of the ACLU’s Lesbian & Gay Rights and AIDS Projects. “This could place transgender New Yorkers in jeopardy of losing their jobs, their housing, and even their
lives, if they are unable to receive public health services – all because someone wants to keep them out of the so-called ‘wrong’ bathroom.”
The ACLU brought the lawsuit on behalf of HAF in June 2001 after the agency was forced out of its home of 10 years in Jackson Heights, Queens – an epicenter of the AIDS epidemic in U.S. Latino communities. HAF repeatedly tried to negotiate with the landlord to reach an agreement over the use of the restrooms that
would be acceptable to all parties, but the landlord refused to renew the lease, saying he didn’t even want the transgender clients in any of the common areas of the building.
“This case shows all too clearly the far-reaching effects of prejudice and discrimination,” said Heriberto Sanchez Soto, Executive Director of HAF.
“Kicking us out of our home didn’t just hurt our transgender client but made it much more difficult for many Latinos and Latinas living with HIV and AIDS to
receive treatment.”
Transgender people living in New York City are protected from discrimination under the city’s human rights law, which was amended in 2002 to clarify that
it covers gender identity. The state human rights law does not explicitly address gender identity, but previous trial court rulings have held that transgender individuals are covered under the law’s sex and disability provisions.