Transgender person files lawsuit against The Medical Center of Aurora security
Denver CO Dec 28 2017 A former member of Denver’s LGBTQ Commission says his civil rights were violated last year when a security guard at an Aurora hospital tackled him in anger as the activist was leaving the premises.
JaxZion Justice Deak, a Denver gender activist, also is accusing The Medical Center of Aurora and its contracted security firm HSS of failing to train employees and adopt policies on how to interact with transgender patients and their visitors, according to a lawsuit filed Dec. 22 in Denver District Court.
Deak, who recorded the incident on his cellphone, named the hospital, the security firm and the security guard, Yamada Garner, as defendants. The lawsuit was filed under Deak’s legal name, Elizabeth Erin Deak. Deak identifies as gender noncomforming and prefers male pronouns.
Deak, an activist who volunteers with transgender homeless people in Denver, is seeking an unspecified amount in damages.
A phone call to a spokeswoman at HSS’s Denver headquarters was not returned. A spokesman for The Medical Center of Aurora took a message from a reporter but did not follow up with a response.
Last December, one of Deak’s clients asked him to come for a visit in the behavioral health unit at the Aurora medical center because he was in crisis, the lawsuit said. The client had given Deak his patient identification number.
However, security would not let Deak visit the patient because Deak did not provide the patient’s legal name. Deak, however, argued that he knew the patient by a chosen name and that using the person’s legal name could cause the mental health crisis to worsen, the lawsuit said.
Deak asked the guards to call the patient and seek approval from the patient to allow Deak’s visit. He also asked how he could find out the patient’s legal name.
Eventually, Garner, who was one of the security guards, told Deak to leave the hospital, the lawsuit said. Outside, Garner raised his voice at Deak, who continued to ask how he could find out the patient’s legal name and arrange a visit, according to the video, which was provided by the law firm Lowrey Parady, which filed the lawsuit on Deak’s behalf.
Garner repeatedly yelled at Deak to stop talking and to listen. He also accused Deak of harassing people and refusing to cooperate, the video footage showed.
When Deak told Garner he was being recorded, Garner yelled, “I’m done!” and started to walk away, the video showed.
Garner ordered Deak to leave as Deak repeatedly asked for help in figuring out the patient’s name.
“This is what small minds who cannot respect people’s human rights look like,” Deak said into the camera as he walked away.
Deak then started walking away quietly while holding his camera phone up to record Garner, who was following Deak. Without warning, Garner grabbed Deak in a headlock and tackled him, according to the lawsuit.
During the scuffle, Garner cursed at Deak and said, “You filmed me. I didn’t want you to and you had a problem with it.”
“To Mr. Deak, it felt as though his neck might snap from the pressure,” the lawsuit said. “Mr. Deak’s phone and phone case cracked when they fell to the ground.”
Deak called police to report the incident. He also filed a discrimination complaint with the Colorado Civil Rights Division.
In a news release from the law firm, Deak said he hopes the lawsuit will encourage health care providers to train their staff and security guards on the preferred names of transgender people and screen staff and security for transphobia.
