Sam Metz | Palm Springs Desert Sun

Newslook

Kristin Scharkey/The Desert Sun

The transgender woman depicted on 8th District congressional candidate Tim Donnelly’s campaign billboard in Twentynine Palms did not consent to Donnelly using her image and the photographer has found an attorney to pursue legal recourse.

Allison Hannan, a U.S. Navy veteran who lives in New Jersey, said she first heard of the billboard after The Desert Sun reported on it earlier this month. The image, she said, came from a photo shoot she did for an OUT Magazine story about transgender veterans in 2016.

Hannan said she respected everyone’s right to an opinion, including Donnelly’s, but was upset that her image was used without her consent. Not only does she not condone the message, but Hannan also said it didn’t apply to her; she didn’t receive gender reassignment surgery while serving in the military or since, she said.

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“That’s certainly not my story. I served very honorably, very quietly and it devastated me because I was always very proud of my service. The last thing I thought about joining the service for was getting sex reassignment surgery,” she said. “I wanted to serve for the reasons thousands want to serve -- to help their country.”

AP Photo/The Sun, Eric Reed

The billboard reads, “Ask Paul Cook Why He Voted To Allow Our Military Funds To Be Used For Sex-Change Surgeries!” alongside a picture of Hannan. It references Cook’s 2017 vote against an amendment to the National Defense Authorization Act that would have ended the Pentagon’s policy of providing gender-reassignment surgery for transgender members of the military if a doctor deems them medically necessary.

Hannan reached out to the Donnelly campaign, explained the billboard didn’t apply to her and asked that her image not be associated with the message, she said. She’s also spoken to the billboard company, which told her they are looking into the situation.

In a statement emailed to The Desert Sun, Donnelly said he thinks he can use the image of Hannan as he sees fit, because she was willingly photographed for a magazine cover.

“As far as the photo on the billboards, you don't get to make yourself the face of transgenders in the military and then complain when your image is being used,” he said.

Cassidy Duhon, the photographer who took the picture and owns the rights to the image, said he disagrees. Through the American Civil Liberties Union, Duhon said, he has found pro bono representation and is considering pursuing a copyright infringement lawsuit. He also said Hannan could claim defamation because the billboard incorrectly describes her as having undergone surgery.

He said he had reached out to the Donnelly campaign but not heard back about any of his concerns. The campaign only responded with claims that the billboard was vandalized, he said.

If Duhon receives any money as a settlement, he said he intended to give it to a transgender-focused charity of Hannan’s choosing.

“Because there’s no particular trans-related legislative issue facing California voters, I think what this is really about is using the image of trans people, and in particular trans women, to conjure up fear and motivate a grassroots voter base,” Duhon said of the billboard. “It’s not ‘Vote this way on this trans issue, or that way.’ It’s ‘Here’s someone we know you don’t like, and we want to let you know that we don’t like them either.’”

Hannan said she felt bad for Duhon.