A Brazilian wax provider in Canada has shut down her home-based business after being sued for turning away a trans-identified woman over concerns about safety.
The Justice Center for Constitutional Freedoms has come to the defense of Brazilian immigrant Marcia Da Silva. Da Silva appeared last week before the British Columbia Human Rights Tribunal after being accused of discriminating on the basis of gender identity.
The plaintiff is controversial trans activist Jessica Yaniv (born Jonathan Yaniv), who was recently accused of child exploitation of an underage girl. Yaniv filed more than a dozen complaints against Vancouver-area aestheticians and sought monetary compensation because of the business owners’ refusal to provide waxing services to someone with biologically male genitalia.
As Brazilian waxes are generally sought by women to remove unwanted hair, Yaniv contends that such a denial of service is a violation of section 8 of the British Columbia human rights code. The law says that it is illegal for a business to deny services on the basis of gender identity, sexual orientation or other social qualifiers.
The Toronto Sun, which published a summary of the hearing, reports that Yaniv claimed to have seen a Facebook advertisement in spring 2018 offering a promotion for a Brazillian wax.
Da Silva told the tribunal that she had just started her business after previously only performing waxes on friends and family and that Yaniv was the first person who responded to her ad.
Although Yaniv and Da Silva agreed on a time to do the wax, Da Silva admitted to canceling the session after Yaniv sent Da Silva a picture and identified as a transgender woman.
Da Silva told the tribunal that she has “no problem with LGBT” but was not comfortable or even trained to conduct a waxing session with someone with male genitalia.
Additionally, Da Silva said that she took the advice of her husband after she was frightened by a bombardment of text messages from Yaniv.
“For my safety, I said, ‘No,’” Da Silva said, according to the Toronto Sun.
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SOURCE: Christian Post, Samuel Smith