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is it ok for a casino to refuse entry to cross-dressers?
Stuck between a frock and a card place
from the syndey morning herald
Les Kennedy
May 26, 2008
PAUL HURST lives much of his life as a woman.
For years the transvestite has been known to friends and those who have seen him perform in Darlinghurst clubs as Anne-Maree.
Dressed in one of his best frocks, Mr Hurst was photographed partying with Maria Venuti at the launch of Priscilla, Queen Of The Desert at Star City's Lyric Theatre.
So much did he enjoy the event that a month later he and a friend again frocked up for a night out the casino's new spin-off bar, Priscilla's.
The cross-dressing staff serve cocktails in a flurry of sequins and feathers.
But Mr Hurst was shocked to discover that a security guard had deemed him to be a "man" and "inappropriately dressed" when he was refused entry to the casino at 9.15 on the night of November 1, 2006.
"I was wearing a full red sequin gown. My friend was wearing a red skirt. I have been going to the casino in drag on and off at least three to four times a week for the past 10 years," he told the deputy president of the Administrative Decisions Tribunal, Nancy Hennessy, during a conference hearing in the presence of a solicitor for the casino, Ruth Rosedale, last week.
"We were going into the main gaming room and a guard placed his hand on my shoulder and said: 'you are known here as a man, you are not appropriately dressed, I have to ask you to leave,"' Mr Hurst said. The pair were then escorted from the casino.
The conference in the tribunal's Equal Opportunity Division was called after Mr Hurst, of Coogee, who told Ms Hennessy that "I have always regarded myself as a woman and lived my life as a woman," filed an action alleging the casino has discriminated against him because of his sexual gender and was refused service and asked to leave.
"We set out from Coogee for a night of fun, but didn't make it to the bar. We didn't get past the foyer. It was blatant discrimination," Mr Hurst said.
Ms Hennessy heard that Mr Hurst had taken his complaint to the Anti-Discrimination Board but a mediation conference had ended with the casino, which is contesting his action, refusing to settle a demand for $15,000 in damages.
Ms Rosedale told Ms Hennessy the casino was still amenable to a mediation conference, but this was rejected by Mr Hurst, who alleged the casino had changed its version of events.
She then tendered two letters to the Anti-Discrimination Board, the first stating that Mr Hurst was "wearing an extremely short skirt that barely covered his groin region, white underwear and garters … were visible".
The second letter, sent in October , said it was Mr Hurst's friend "Russell" who was inappropriately dressed in the short red skirt and white pants and garters, and that Mr Hurst had been welcome to stay.
After hearing that Mr Hurst wanted the matter to go to hearing, Ms Hennessy granted an order to obtain a copy of the casino's security video of the incident.
She also told Mr Hurst that under the Anti-Discrimination Act the tribunal can only hear transgender cases.
"The Anti-Discrimination Act does not protect transvestites, it protects transsexuals, but you said you live as a woman," Ms Hennessy said. "Before the tribunal can hear the case what you have to be able to prove to the court is that sexually you are a transsexual."
Ms Hennessy ordered that both parties reappear before the tribunal on July 30, for a conference that will determine a date for hearing.
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Originally Posted by Black Spiral Dancer
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