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Maine Denny’s restaurants reversetransgender restroom policyBy Judith Meyer, Sun JournalPosted July 12, 2011, at 5:08 a.m. Last modified July 12, 2011, at 7:23 a.m.

LEWISTON, Maine — The corporate owner of Denny’s restaurants has reversed itsrestroom policy in an agreement with a transgender customer and now permits allcustomers to use restrooms consistent with their gender identities.

The change, according to Gay & Lesbian Advocates & Defenders attorney JansonWu, “is common sense.”

The agreement, reached in March and announced on Monday, is the result of alawsuit brought by Brianna Freeman against the chain’s Auburn restaurant afterFreeman was denied access to the women’s restroom there.

The agreement was announced jointly by Realty Resources Hospitality, which ownssix Denny’s restaurants in Maine, and the Boston-based GLAD Transgender RightsProject, which represented Freeman in her civil action.

The new restroom policy applies to all Denny’s restaurants in Maine.

In the joint release, Wu said he and others in his organization are “happy to have hadthe opportunity to work with business leaders to make Maine’s businessestablishments open and welcoming to all potential customers.”

For Freeman, the bottom line is, “for me and other transgender patrons is thatDenny’s has welcomed us to use the restroom that is consistent with how we live ourlives.”

“That makes good sense,” she said. “Any other rule is just not workable for anyone.”

Wu declined to talk Monday about other provisions in the settlement agreement,including compensation the restaurant chain may have paid to Freeman, saying,“what was most important for Brianna was to use the most appropriate restroom.Not just for herself, but for all transgender individuals.”

Freeman has been using the women’s restroom at the Auburn restaurant sincereaching agreement with Denny’s in March, Wu said, and “we haven’t heard of anyproblems, so we’re very happy with that.”

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10/31/2014 Maine Denny’s restaurants reverse transgender restroom policy — Lewiston-Auburn — Bangor Daily News — BDN Maine

http://bangordailynews.com/2011/07/12/news/lewiston-auburn/maine-dennys-restaurants-reverse-transgender-restroom-policy/ 2/3

In 2007, Brianna Freeman — previously Bruce — of Lewiston, was a regularcustomer of Denny’s restaurant. During visits there, she had regularly used thewomen’s bathroom without objection and had even met with the restaurant managerto explain her situation. But, that October, the manager told her that he had gotten acomplaint that she, a male, had used the women’s restroom.

The manager told Freeman that since she had not yet undergone a transsexualoperation and wasn’t considered a biological female, she would have to use the men’sroom in the future.

Freeman, who wears women’s clothing, makeup, jewelry and perfume, has said thatusing the women’s bathroom was part of her medically recommended gendertransition process.

The first phase of that process is hormone therapy to boost estrogen and blocktestosterone. The second phase, where she was in her transition when denied accessto the bathroom, is assuming the role and lifestyle of a woman. The third phase ofher treatment will be a surgical procedure to complete the transgender process.

Freeman filed a complaint with the Maine Human Rights Commission in 2009,claiming the restaurant had discriminated against her based on her sexualorientation. The agency’s investigator found reasonable grounds for the basis of thecomplaint and, when the two sides couldn’t reach agreement later that year,Freeman filed suit in Androscoggin County Superior Court.

Last year, Denny’s sought to dismiss the case but, in ruling against the restaurantchain, Justice William Brodrick wrote that the Maine Human Rights Act is aimed atpreventing discrimination in public accommodation on account of sexualorientation, finding that Freeman had “adequately plead a claim that Denny’sprohibited her from using the women’s restroom because of her sexual orientation.”

Brodrick’s ruling cleared the way for the case to proceed to trial, and during the pastyear attorneys for Denny’s and Freeman, including Freeman’s local attorney JeffreyNeil Young of McTeague Higbee in Topsham, worked to negotiate a settlement.

According to Brian Mesley, a spokesman for Rockport-based Realty ResourcesHospitality, “we recognize and support Ms. Freeman’s gender transition over thepast three and a half years.”

“Her transition and this lawsuit presented a new issue for us,” he said, and “webelieve the resolution in this case will work well for all of our customers andpreserved the dignity and safety of all.”

In addition to the ongoing civil action, during the last legislative session Freeman’scase was the subject of testimony against a bill proposed by Rep. Ken Fredette, R-Newport, that would have given schools and businesses authority to make decisionsabout who should use their restrooms, including denying transgender people fromusing restrooms based on gender identity.

Last month, members of the House and Senate defeated the measure by anoverwhelming margin as majorities said they believed the bill was discriminatoryand might overwhelm businesses with lawsuits.

See more news from the Sun Journal at http://www.sunjournal.com/.

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