Hurst v Star City Pty Ltd (No 2) [2010] NSWADT 65

CITATION: Hurst v Star City Pty Ltd (No 2) [2010] NSWADT 65

DIVISION: Equal Opportunity Division

APPLICANT Paul Hurst PARTIES: REPSONDENT Star City Pty Ltd

FILE NUMBER: 081040

HEARING DATES: 12 & 13 October 2009

SUBMISSIONS CLOSED: 13 October 2009

DATE OF DECISION: 9 March 2010

BEFORE: Hennessy N - Magistrate (Deputy President); Schneeweiss J - Non-Judicial Member ; Hayes E - Non-Judicial Member

CATCHWORDS: Transgender discrimination, refusal of service.

LEGISLATION CITED : Anti-Discrimination Act 1977

APPLICANT M Tibbey, counsel REPRESENTATION: RESPONDENT K Eastman, counsel

ORDERS: The complaint is dismissed.

REASONS FOR DECISION

Introduction

1 Mr Hurst alleges that Star City Pty Ltd (the casino) discriminated against him on the ground of his transgender status in breach of the Anti-Discrimination Act 1977 (AD Act). Mr Hurst is a regular patron of the casino. On 1 November 2006 he and his companion, Mr Pitt, went to the casino dressed in women's clothing. They said it was their intention to go to the 'Priscilla Bar' which is attached to the Lyric Theatre where the musical, Priscilla Queen of the Desert was playing. However, Mr Hurst and Mr Pitt went first to the gaming floor. Mr Hurst says that a security guard, Mr Munroe, approached him and said, 'You are known here as a man, you are not dressed appropriately and I'll have to ask you to leave.' Mr Munroe says that he only asked Mr Pitt to leave and that the reason was that the skirt he was wearing did not comply with the dress code because it was too short. Mr Pitt has not made a complaint of discrimination.