Trans woman on 'discrimination' after using female CR: It was not the first time

The transgender woman who was brought to a police station after using the female comfort room of a Quezon City mall on Tuesday said she is "one-hundred percent" determined to file charges over the incident.

In an interview on Unang Balita on Wednesday, Gretchen Custodio Diez shared that she had experienced such discrimination several times in the past and decided that "enough is enough."

"When I was younger po, noong hindi pa ako nagta-transition [o] nagte-take ng hormonal pills po, marami na po akong na-experience na gan'yan. Pero during those times po kasi, hindi ako educated about the law, about equality [and] sa rights ko so hinahayaan ko po. Parang nilulunok ko na lang po 'yung mga nangyayari sakin," Diez said.

"Pero po this time around po, I'm a professional now, I'm educated, I just realized na enough is enough, lalo na po isang supposedly LGBTQ-friendly city like Quezon City. I expected so much from them po. Never ko po in-expect na sa Quezon City ko pa po mararanasan yung ganitong discrimination," she added.

Diez was handcuffed and brought to the police station after a janitress led her out of the female comfort room and insisted that she use the male's. Diez recorded a video of the confrontation.

The janitress, identified as Chayra Ganal, later apologized through a written letter at the police station. The mall also withdrew its complaint against Diez, who was released on the same night.

Still, Diez said she is still determined to file charges against the mall.

"Sure po ako na one hundred percent in my heart ipu-push ko po 'yung case against the management of that mall at saka 'yun pong mga defamation na nangyari po sa 'kin," she said.

"Nakita naman po sa video po 'yung pinagsasabi po sa 'kin na, I think, kahit hindi po sa transgender na katulad ko, napakasakit pong pakinggan," she added.

The incident took place in spite of a Quezon City ordinance banning discrimination against lesbian, gay, bisexual and transgender individuals. 

It was strongly condemned by Bataan Congresswoman Geraldine Roman, a transgender woman, and Senator Risa Hontiveros, who raised calls for the passage of the Sexual Orientation, Gender Identity, and Gender Expression (SOGIE) Equality Bill.

Acts of discrimination

Other than the lack of gender-neutral comfort rooms, the Gender Fair Ordinance, passed in 2014, also prohibits several discriminatory acts against members of the LGBT community.

QC councilor Mayen Juico said this can include verbal and non-verbal ridicule, vilification, abusive statements, harassment, unjust detention and involuntary confinement, among others.

"Meron din kasi tayong mga provision on 'yung mga prohibited act. So kasama doon ang verbal, non verbal, ridicule and valification. So kunwari you're making fun or making a mockery or, actually, kahit perceived sexual orientation, gender identity and expression, so it doesn't even need to be actual," Juico said in an interview on Unang Balita.

"Kasama pa ang abusive statements. 'Yung mga activities na that would make them feel discriminated against. So 'yun ang papahiyain mo, or iha-harass mo, or may unjust detention, involuntary confinement or kung makikita natin sa video, 'yun 'yung ipinaglalaban niya (Diez)," she added.

When asked if staff members or security personnel involved in the incident could be held liable for the violation, Juico said: "Palagay ko naman ay maaari at pupuwede naman nilang gawin ang mga trabaho nila na hindi naman siguro namamahiya."

"Kasi talagang, at the end of the day, si Gretchen, gusto lang niya talagang to exercise her basic need, di ba? Makapag-restroom. Eh kaya lang, ang naging ending, naposasan, napagsalitaan." —Margaret Claire Layug/KBK, GMA News