D.A. Smith Co. L.P.A.
9265 Olde Eight Road
Northfield Center, Ohio 44067
Telephone 330.467.5000
Fax: 330.467.5001
dasmithco@aol.com
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Randi Barnabee is a military veteran, a federal practice attorney who
shortly expects to be admitted to the Ohio Bar, and a Male-to-Female
transsexual. Randi is making a specialty of applying federal law barring
sex based discrimination (Title 7, Civil Rights Act or 1964 et seq.). A
1989 decision by the U.S. Supreme Court found that a woman who had
succeeded in business on the basis of being very assertive and unfeminine
could not be required to act and dress in a feminine manner (and thus
reduce her ability to produce) in order to be promoted to a partner in the
firm. On the basis of this landmark case and its progeny Randi is
representing a number of clients in the Cleveland area. The causal actions
in these cases include wrongful discharge, bathroom policy, driver's
license and most disturbingly the threatened physical and medical
intervention of state/county governmental agencies in the parent's
handling of a six year old boy who has clearly identified as being a girl
since age two. (Author's note- Child welfare services recently
seized the child from his/her parents)
Randi noted that Ohio law is not supportive and doesn't allow changing
birth certficates after sexual
reassignment surgery. This is arguably violative of the U.S.
Constitution, in that NO state may undermine the protections provided
under the Constitution and federal law. To the extent that a state
law is found to do so, such provisions are VOID.
With regards to cross-dressing Randi provided the following comments
afterthe meeting: Title VII jurisprudence prohibits, among other
things, discrimination based upon "sex". Recent case law
has held this to include discrimination where one's attire does not accord
with her/his gender.
Specifically, a bank may not refuse to serve a man who appears in clothing
traditionally considered feminine where there is no genuine issue
regarding identification and such discrimination is based, in whole or in
part, upon sex stereotyping. (Rosa v. West Park Bank & Trust Co., U.S.
Court of Appeals
for the First Circuit, Case No. 99-2309)
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