National Post (National Edition)
Denied Brazilian, trans woman files complaint
B.C. tribunal to hold hearing in October
One day in March, a transgender woman messaged a tanning salon in Surrey, B.C. after seeing a Facebook ad for waxing services.
“Hi there, where are you located?” the woman asked.
“Clayton Heights,” responded Shelah Poyer, then an esthetician at Mint Tanning Lounge.
“Awesome! Do you do Brazilians?” the woman wrote back, referring to a bikini wax or the removal of pubic hair around the groin.
“Not for men sorry,” Poyer answered.
“I’m actually female. I transitioned a while ago,” she replied. But when she inquired what time she could schedule a visit, there was no response.
The Facebook exchange is now the subject of a complaint filed with the B.C. Human Rights Tribunal. The transgender woman — who according to an order of the tribunal can only be identified by the initials “JY” — alleges she was discriminated against on the basis of gender identity or expression and is seeking $2,500 and an apology.
Reached by phone on Wednesday, the woman, who describes herself as a digital entrepreneur, said the complaint is one of 15 she’s filed against salons from Vancouver to Abbotsford. Over March and April, she said, she contacted 18 salons and only three agreed to take her on as a client.
“That really got to me. I shouldn’t have to do this amount of work to get a leg wax or a Brazilian wax. I shouldn’t have to scour to find a salon willing to do ... what is customarily available to the public,” she said.
“It hurts ... if everywhere I go, I get shut down for who I am.”
Lawyers at the Calgarybased Justice Centre for Constitutional Freedoms (JCCF) announced Wednesday they are representing Poyer.
In a statement, lawyer John Carpay said Poyer did not have the supplies or training to perform a “Manzilian” wax job.
“As such, she is unqualified and unable to provide the service.”
The statement goes on to say that the complainant tried to call the tanning salon the next day to find out why she was being denied service. “Not wishing to enter into controversy, Ms. Poyer declined to speak further with the complainant.”
The JCCF is also representing Poyer’s boyfriend, Jeremy Paradis, who is accused in the complaint of sending harassing and threatening messages to the complainant.
However, according to text messages provided to the tribunal, Paradis accused the complainant of being the harasser.
“Please stop harassing my gf or we will take further action (police) she explained to you what she does and does not do. Do not call her work again and don’t bother messaging me back. Get a life when someone says no move on.”
The complainant wrote back saying all she had done was inquire about a service that was advertised and asked what Poyer’s availability was.
“You did harass her over and over she didn’t respond and you call her work get a f------ life,” Paradis replied. “I’ll be posting about you on my own account. I have all the proof of harassment. “
He later questioned why the complainant used a male name if she had transitioned.
A voicemail greeting at Mint Tanning Lounge indicates the business has now merged with a spa in Surrey. A woman who answered the phone at the spa on Wednesday said Poyer was busy with a client.
The tribunal is set to hold a hearing on the matter Oct. 4-5.
“The complainant wants to punish our client and compel her to pay a fine,” Jay Cameron, a JCCF lawyer, said in an email. “We do not agree that this is appropriate, so it must go to a hearing.”
Resolution of the 14 other complaints is also pending, the complainant said.
This is not the first time a transgender woman in Canada has filed a human rights complaint against a spa over alleged refusal of service.
In May, it was reported that a transgender woman was seeking $50,000 after being denied service at Mad Wax, a body hair removal business in Windsor, Ont.
Jason Carruthers, Mad Wax’s president, told the Windsor Star at the time that the only employee working that day was a Muslim woman who refrains from physical contact with men outside family. And the only staff member who did male waxing was on sick leave.
Carruthers said all clients are welcome at his business. “However, we also welcome and support all of our staff members and respect their religious beliefs and feelings of safety and dignity in regards to the right to perform waxing services on males or male genitals.”
Carruthers said Wednesday the case is set to go to mediation in October.
I SHOULDN’T HAVE TO SCOUR TO FIND A SALON WILLING.