The Oregon Court of Appeals has again affirmed its judgment that a shuttered North Portland bar violated Oregon's Equality Act when it denied service to patrons based on gender identity.



The court, in a Sept. 23 ruling, affirmed a Bureau of Labor and industries finding that P Club owner Chris Penner had illegally discriminated against Rose City T-Club members when he asked them not to return to the P Club on North Lombard Avenue because it was being perceived as a "tranny bar."



Penner asked the court in October to reconsider. His lawyers argued that the voicemails were an "expression of desire" that the customers, some of whom are transgender and some of whom are crossdressers, not return to the bar rather than a "denial of service," as the state contended.



The window for filing with the Oregon Supreme Court has passed. Thursday's affirmation means Penner has exhausted all appeals.



Labor Commissioner Brad Avakian issued a statement praising the decision.



"I'm pleased that the Oregon Court of Appeals has again affirmed its ruling and rejected the argument that Penner's voicemails were protected speech, not unlawful discrimination. We will continue to protect the civil rights of all Oregonians through strong and fair enforcement so that people are not denied a fair shot at a job or place to live based on who they are or who they love."

-- Casey Parks

503-221-8271

cparks@oregonian.com; @caseyparks