Judge rejects Denny's request to dismiss case brought by transgender individual
By Christopher Williams, Staff Writer
Jun 14, 2010 12:00 am
http://www.sunjournal.com/city/story/859566AUBURN — A judge rejected an effort by Denny's to dismiss a case against the local restaurant brought by a transgendered woman who was denied use of the women's restroom. The ruling clears the way for the case to continue to trial.
Androscoggin County Superior Court Justice William Brodrick wrote that the Maine Human Rights Act is aimed at preventing discrimination in public accommodation on account of sexual orientation. The law goes on to define sexual orientation as "a person's actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression."
Brodrick wrote: "The court bases its decision on the plain language of the statute and concludes that, when viewing the facts in a light most favorable to the plaintiff, Ms. Freeman has adequately plead a claim that Denny's prohibited her from using the women's restroom because of her sexual orientation."