July 13, 2007
GOOD JUDGMENT
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Bumpus outside the Brooklyn Supreme Court |
On Wednesday July 11, Brooklyn Supreme Court Judge Sylvia Hinds-Radix denied a motion to dismiss a lawsuit against the New York City Transit Authority and one of its employees over the mistreatment of Tracy Bumpus, a transgender case manager at Housing Works.
"We're pleased with the judge's decision," said Matthew Carmody, Housing Works' lead attorney on the case, adding, "The Transit Authority's case was pretty weak." Last July, while Bumpus waited to take the subway to work, she was subjected to an ugly ten-minute homophobic and transphobic tirade by an MTA employee, which led two passengers to further harass Bumpus when she got off the train. Bumpus experienced more transphobia when she tried to complain to an MTA supervisor, who repeatedly referred to Bumpus as "sir" after she clearly identified herself as a woman. Housing Works' legal team filed the lawsuit against the employee for gender discrimination and against the Transit Authority for negligent supervision, training and retention of its employees.
Hinds-Radix was unmoved by the Transit Authority's claim that it was not responsible for what it described as the individual actions of one of its employees. The fact that Bumpus endured a series of transphobic incidents convinced the judge that her allegations involved far more than a single isolated incident, supporting Bumpus' claim that the Transit Authority could have and should have done something about its employees' actions.
The courthouse was packed with supporters, prompting the judge to open the jury box to accommodate the overflow. The large turnout created positive energy and led to a happy get-together outside afterward. "It's great to have a crowd," Carmody said. "It demonstrates that many people care about justice for the transgender community in our city."
Housing Works client Harold Johnson, who came to court to support Bumpus, is glad to hear the case is moving to trial. "The Transit Authority absolutely should make transgender sensitivity training mandatory for their workers," Johnson said. "What happened to Tracy shouldn't happen to anyone. Her rights were violated."
Since Housing Works initiated the legal action in January, the Transit Authority has not attempted to settle. Bumpus suffered mental and emotional anguish from her experience, but Carmody noted that the incidents could also have endangered her physical well-being as well. "We've seen in recent history, that when transgender people are outed, they can be dangerously hurt," he said, citing the case where a McDonald's manager used a pipe in an assault of a transgender woman who used the woman's bathroom.
The next step for Bumpus and her legal team is a September 6 meeting with the NYCTA. The attorneys will discuss how to proceed with discovery. Bumpus and Housing Works are prepared to go to trial, but Carmody added, "It will be a real shame if the Transit Authority doesn't make a good faith decision to settle this case immediately, and to ensure that nothing like this ever happens again."