ACLU's Pensacola transgender discrimination lawsuit goes before judge

A judge heard evidence Tuesday in the case of a Pensacola woman who alleges she was singled out at a public fundraiser — and then kicked out — because she is transgender.

The plaintiff, Nevaeh Love, is being represented by the American Civil Liberties Union. The organization believes the case will set a precedent that Florida's laws against sex discrimination should protect people who are transgender.

Love's civil suit claims she purchased a VIP ticket to an "adult-themed fundraiser" at Zelica Grotto Hall in June 2016. Love sat at the front of the venue, and was allegedly asked to move to the rear of the building by event staff, who said having her "kind" up front would make other people uncomfortable.

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When Love refused to move from her seat, she was allegedly ejected from the event hall.

Benjamin Stevenson, an ACLU attorney, said no one else at the event was asked to change seats or to leave, and the ACLU believes Love was the target of discrimination.

Stevenson said Love had just shown up expecting to have a fun girls' night out, and was instead publicly humiliated.

"She didn't show up expecting to be discriminated against," Stevenson said.

Love later filed a complaint to the Florida Commission on Human Relations, which determined there was reasonable cause to believe a "discriminatory practice had occurred in violation of the Florida Civil Rights Act."

The organizer of the fundraiser, Katoshia Young, was named as the defendant in the civil suit. An attorney for Young was not immediately available to offer comment on Wednesday.

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Attorneys for both sides made their cases directly to Judge Edward Nickinson during a bench trial on Tuesday. The two sides have been ordered to submit trial briefs outlining their positions by May 4, according to Stevenson.

Love is seeking compensatory and punitive damages for mental anguish, loss of dignity and other intangible injuries.

Florida statute notes that all people are entitled to full and equal enjoyment of goods, services, facilities, accommodations and privileges regardless of their race, color, national origin, sex, pregnancy, handicap, familial status or religion.

The statute does not specifically list sexual orientation or gender, and the ACLU has called for the statute to be updated to provide greater protection for the LGBT community.

Kevin Robinson can be reached at krobinson4@pnj.com and 850-435-8527.

