This story has been updated following charges filed from the Michigan Department of Civil Rights. Click here for more information.
A Traverse City hair stylist who came under fire this summer for telling transgender customers to “seek the services of a local pet groomer,” is now suing the city and three of its residents over what she believes a violation of the salon’s First Amendment rights.
Filed Oct. 25 in 13th Circuit Court in Grand Traverse County, Studio 8 Hair Lab owner Christine Geiger accused Traverse City and three individuals who filed civil rights complaints against the salon of violating the business’s rights to “use its talents and expressive platform. They have … to celebrate and promote God’s design for man and woman.”
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The lawsuit specifically focuses on the state’s Elliott-Larsen Civil Rights Act and Traverse City’s Non-Discrimination Ordinance, both of which prevent discrimination in public accommodations when it comes to gender identity or expression.
Studio 8 claims this is a violation of Geiger’s right to religion and free speech under the First Amendment, and that the follow-up civil rights complaints filed against his business are attempts to deprive him of his personal religiously held belief that there are only two sexes.
“States cannot punish protected speech because some group finds it offensive, offensive, humiliating, unreasonable or dishonorable,” part of the 57-page lawsuit reads. “If there is a fundamental principle underlying the Constitutional rights of free speech and free exercise, the government may not prohibit the expression of an idea simply because society finds the idea offensive or objectionable.”
Although there are laws prohibiting discrimination, it continues, no discrimination actually occurs. In question is a post on social media and not a direct action. “A burden on speech based on audience reactions is simply hatred of the government.”
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David DeLaney, an attorney for Geiger, said his client is looking ahead to potential administrative hearings regarding his alleged violation of civil rights law. A total of 21 civil rights complaints have been filed against Studio 8 since July, the Michigan Department of Civil Rights confirmed to MLive on Nov. 13.
Six of those are currently under investigation, with two others being reviewed to determine whether the agency has jurisdiction to pursue the alleged violations.
If convicted, DeLaney said, the state could terminate Geiger’s license as a hairdresser and fine her up to $50,000 in damages “just for exercising her First Amendment rights.”
Public accommodation laws only affect people, he added, saying that if people cannot be identified as a man or a woman, they will be identified instead as “either an animal or an object, as far as I can tell.”
“We don’t give animals or things protected status under the public habitat law,” he said.
Geiger came under fire in July after a Facebook post from the Studio 8 Hair Lab page went viral for its stance on using the patron pronoun.
RELATED: Traverse City investigates Michigan salon that told trans patrons to use ‘pet groomer’
“If someone identifies as anything other than a male/female, please seek the services of a local pet groomer. You are not welcome in this salon. Period,” the July post reads. “If you ask to use a specific pronoun please note that we may refer to you as ‘hey you.’ … This is America; free speech This small business reserves the right to refuse services.”
Geiger followed up the first post with a comment, this time from his personal account, saying “he has no issue with LBG. It’s TQ+ that I will not support.”
“This stance is made to ensure that clients have the best experience and I admit that because I am not willing to play the pronoun game or respond to requests outside of what I see as normal this is probably not the best choice for that type of client,” she wrote. “There are over 800 licensed stylists in the County. There are plenty of salons/stylists willing to cater to what I will not. This is a free country and I am not a slave to any narrative .
“Conservatives need to adapt these awakened individuals to their new reality.”
City Attorney Lauren Trible-Laucht announced an investigation into whether Studio 8 violated Traverse City’s non-discrimination ordinance later that month.
The status of that investigation is unclear. Trible-Laucht’s office did not return a request Monday for comment.
