New York City transgender employee sues Parks Department for violating his rights

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Wednesday June 04, 2014 · 9:00 AM PDT

2014/06/04 · 09:00

photo Ellicott_zps4158a60e.jpg Bryan Ellicott, 24, works for the city of New York. Specifically he works at the Office of Emergency Management. On Monday he filed a lawsuit against the New York City Department of Parks.

Bryan says that on July 21, 2013 he went to Joseph H. Lyons Pool in Tompkinsville on Staten Island. He claims that he was "harassed and humiliated" by three sity employees as he was kicked out of the men's locker room. Bryan says that someone notified the Parks Department employees of his presence in the locker room and that started the incident.

Bryan had not had any surgical treatment at that point. He wore a black t-shirt over a chest binder and a pair of swim trunks under his jeans when he arrived at the pool. Since the locker room is the only place of safe-keeping for one's valuables at the pool, he entered it, took off his jeans and put them and his other possessions in the locker. The black t-shirt was proving to be too warm in the sun, so after about 30 minutes, he re-entered the locker room, intending to change into a white t-shirt. In fact pool rules require all patrons to wear a white t-shirt.

At that point he was confronted by a Parks Department worker who told him there had been a complaint. The employee told him he either had to use the women's locker room or leave the pool. Bryan asked to speak to his supervisor. He was then approached by an openly hostile second employee. When the supervisor later arrived on the scene, the three of them told him that if he didn't like how they ran the place, he could leave.

No one deserves to be treated that way.
--Ellicott

In his lawsuit, Bryan says he was discriminated against on the basis of his gender identity. He asks the courts to rule that transgender people are protected in locker rooms and bathrooms under the city's human rights law.

The city's Human Rights Law prohibits refusal or withholding of accommodations or facilities of a public place from an individual on account of that person's actual or perceived disability. The city's Administrative Code classifies gender dysphoria as a disability.

photo Ellicott2_zps34921b3b.jpg

It may sound simple to just use the bathroom, but when you can’t, it makes your life awfully complicated.
--Michael Silverman, Transgender Legal Defense and Education Fund, which is representing Mr. Endicott

The suit claims that the Parks Department "disregarded the medically, legally, and socially recognized sex of a transgender individual."

The city's Law Department has no comment at this time.

I’m no different than anyone else.
I’m transgender but I’m also a Staten Islander. When I’m home, I want to feel welcome.

--Ellicott, who has since moved to Manhattan

Bryan is a graduate of the College of Staten Island. He says the incident has increased his fear of using public facilities and resulted in him avoiding such places.

Incidents like this one severely restrict the ability of transgender people to fully participate in society. This lawsuit sends a strong message: Everyone should have equal access to public facilities.
--Silverman

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New York City transgender employee sues Parks Department for violating his rights

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