The British Columbia Human Rights Tribunal ruled today against transgender activist Jonathan “Jessica” Yaniv who had made formal “discrimination” complaints against a number of female beauty technicians for refusing to wax his genitals on the premise that as a “woman” he was entitled to be serviced by them. The court ruled that aestheticians who work from home have a right to refuse to handle male genitalia against their will.
“Human rights legislation does not require a service provider to wax a type of genitals they are not trained for and have not consented to wax,” the decision stated.
The decision further found that Yaniv “engaged in improper conduct,” “filed complaints for improper purposes,” and that Yaniv’s testimony was “disingenuous and self-serving.”
The Tribunal finally noted that Yaniv was “evasive and argumentative and contradicted herself [sic]” while giving evidence.
“Self-identification does not erase physiological reality,” stated Jay Cameron, the Justice Centre’s Litigation Manager, and counsel for the aestheticians. “Our clients do not offer the service requested. No woman should be compelled to touch male genitals against her will, irrespective of how the owner of the genitals identifies.”
The trans activist, who calls himself a “proud lesbian,” made international headlines this summer for his discrimination complaints launched against 16 beauticians for refusing to wax his male genitals.
Reports the Justice Centre for Constitutional Freedoms:
Jessica Yaniv identifies as a woman but possesses male genitalia. In March 2018 Yaniv approached the aestheticians and requested a “Brazilian” to remove pubic hair from the groin area. When the aestheticians refused to provide the requested service due to a lack of personal comfort, safety concerns, a lack of training, and/or religious objections, Yaniv filed complaints against them alleging discrimination based on gender identity and gender expression. In total, Yaniv filed 15 complaints against various aestheticians in the Vancouver area seeking as much as $15,000 in damages against each aesthetician.
Yaniv has made numerous public comments against immigrants. At the hearings, Yaniv contended that immigrants use their religion to discriminate against trans people because they refused to wax the male genitals of those who identify as women.
The Justice Centre represented Blue Heaven Beauty Lounge and its owner, Sandeep Banipal, who is an adherent to the Sikh religion. Ms. Banipal testified that she was not trained to wax male genitals and that it “is not something I am comfortable with.”
The Justice Centre also represented Sukhi Hehar Gill, who was forced to close her business due to the complaint against her. Ms. Gill, also a practicing adherent of the Sikh faith, provided waxing services only to female clients, attending alone at her clients’ homes.
She explained in her response to Yaniv’s complaint against her that it “is contrary to my faith” to provide waxing services to a biological male. Yaniv had requested that Gill attend at Yaniv’s personal residence to provide arm and leg waxing services.
Finally, the Justice Centre represented Marcia Carnauba, a third aesthetician who was suspicious about Yaniv’s behaviour in advance of the appointment and canceled it as a precaution. Ms. Carnauba also does not have the necessary training, tools or comfort level to perform waxing services on male genitalia. Ms. Carnauba closed her aesthetic business following the complaint against her.
The Justice Centre noted that an expert in genital waxing testified at the hearing, informing the Tribunal that aestheticians who are not trained in male genital waxing should not attempt to wax a penis and scrotum due to the risk of serious injury to the customer.
“The expert also testified that the necessary prolonged manipulation of a client’s penis and scrotum often results in sexual arousal and a request for sexual services. The expert said her salon’s refusal to provide sexual services has resulted in name calling, intimidation and customer requests to masturbate in her salon,” the Justice Centre reported.
The Justice Center noted that most of the women who were the target of Yaniv’s complaints work out of their own home, are of immigrant background, and have small children with them in the house during the day. A publication ban had identified Yaniv only as JY for most of the proceedings until the aestheticians successfully brought an application to have it lifted.
The Tribunal ordered costs against Yaniv in the amount of $2000.00 payable to both Banipal and Carnauba.
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