Transgender discrimination alleged at Peabody eatery

On Jan. 29, a group of eight transgender women allege they faced gender bias and discrimination at Capone's restaurant in Peabody, Mass. They will soon enter a period of mediation with the restaurant's owner, Judi Pescione, in lieu of a hearing.

"From our analysis of the incident, it appears to be discrimination based on gender expression and gender identity," Gunner Scott, executive director of the Massachusetts Transgender Political Coalition (MTPC) said.

The women, members of the Sisters Family social organization for transgender women, held their normal Friday night ritual: a quick social at the bar of a local hotel, then out to another restaurant or bar to continue their evening. On Jan. 29, they chose Capone's. It was their fourth or fifth visit to the restaurant and while they report having had experienced gender-based discrimination in the past, the women say they had decided to try and get along with the restaurant's owner and staff. "They don't want us using the ladies' room," Ashley Bottoms, a member of the Sisters Family, said. "Some of the girls in our group, even though they're legally female...I said, 'look, let's just try to get along with these people.'"

Despite the group's resolution, they say the evening's events held only discord and disappointment. "I guess the doorman noticed us and he came to meet us at the door so we couldn't get in," Bottoms said. "He pointed to a sign that said you need proper ID to get into the establishment and I went, 'Not a problem, because we have our drivers' licenses! They've worked in the past.' He says, 'Well, your license needs to match what you look like exactly.'"

According to Bottoms, despite the women's protests, the bouncer wouldn't relent. "One girl offered to take off her wig to show what she looked like and I told her, 'No. You shouldn't have to do that to prove yourself to anybody,'" Bottoms said. Another transgender woman offered her license to the doorman, explaining that her DMV picture reflected the way she looks now; her long hair is natural. "The guy looked at us and said, 'but you're wearing makeup. I can't tell,'" Bottoms said. "And I went, 'you know that's BS, because girls wear makeup!'"

A third member of the social group is legally female, and produced a license to that effect. "And he looked at her and said, 'Nope, because you're really a guy.'"

According to Scott, those women who matched their ID's were told "that their skirts were too short."

The group alleges that they were denied access to a manager by the bouncer. After a second employee came out and reiterated what the doorman had said, several female patrons emerged from the bar. "At that point, some of the lady patrons had come out and said, 'What's going on? Why can't they come in? They haven't done anything wrong; we love having them here,'" Bottoms said. The Capone's employees didn't relent.

Ashley eventually got the first name of the restaurant's owner in order to file a complaint. She called the restaurant the next day.

The man she spoke to was "even more rude. He told me that basically, 'if you were here, I'd be laughing at you,' and 'your kind's not welcome here,' and 'why don't you go to Boston where you're welcome?'"

Ashley says that after the employee she was speaking to repeatedly claimed that he had forgotten the name of his boss, he finally gave Ashley the owner's full name. Bottoms threatened legal action. "He laughed at me and hung up," she said. "That's when I decided to take it legally."

"It is wrong for any public establishment to deny admission to a person based on their gender expression or identity," a press statement released by MTPC in response to the incident read. "Existing state law has proven in court to provide legal remedy against such discrimination, and proposed law would further clarify that anti-transgender discrimination is not tolerated in Massachusetts."

Bottoms authored complaints that were sent to the District Attorney's office, the mayor, and her state representative. Her complaint was heard at the next meeting of the town's licensing board on Feb. 22.

"We are supporting the folks involved by being present at the meeting last Monday, providing information about any case laws or current laws, things like that," Scott said. "Just trying to give any support that we can to the folks involved, as far as interacting with the press of with the attorneys, or whatever they might need that we can provide for them."

The ordeal facing Bottoms, the women of the Sisters Family, and the owner and staff of Capone's is far from over.

"The licensing board said our case has merit," Bottoms said, but the board recommended that the women enter mediation with Pescione. Both parties have agreed, and mediation is expected to begin soon. "No one's really being honest about how they treated us," Bottoms said, "so I really don't know how it's going to happen."

Employees of Capone's refused to comment on behalf of the restaurant for this article.