PORTLAND, Ore. — A Portland bar owner must pay $400,000 in damages to a group of transgender patrons he asked to stay away, the Oregon Court of Appeals affirmed Wednesday. The state Bureau of Labor and Industries ordered the penalty in 2013, saying the bar violated a law that prohibits discrimination based on gender, sexual orientation or gender identity.
In 2012, Chris Penner, owner of a bar formerly known as the P Club, left two voice messages for a member of the Rose City T-Girls, an informal group of transgender customers that frequented the bar every Friday night. The messages said to stop visiting because business had declined in the 18 months since the bar became the group's gathering spot.
Related: Transgender Woman Says She Was Delayed by TSA for Anatomical 'Anomaly'
Penner said people were incorrectly assuming the P Club was a gay bar or "tranny" bar. "People are not coming in because they just don't want to be there on a Friday night now," he said in one message. "In the beginning sales were doing fine, but they've been on a steady decrease so I have to look at what the problem is, what the reason is and take care of it."
Penner's attorney, Jonathan Radmacher, said his client might continue the legal fight. He said Penner merely expressed a desire and did not refuse service to anyone who came to the bar, drawing a contrast with bakeries that have declined to make cakes for same-sex weddings.
"Originally, the Rose City T-Girls approached his business and asked if this is going to be a problem and they said, 'No.'" Radmacher said Wednesday. "In essence, he was going back to them and saying, 'This is a problem for my business.' We think he's got a constitutional right to make that inquiry."
Related: First Openly Transgender Official Hired at White House
The Appeals Court disagreed that the voicemails represented protected speech. Its opinion, written by Judge Douglas Tookey, said arguments presented by the respondents were "unpreserved, undeveloped or unavailing." The opinion does not name the patrons who were denied service, aside from Cassandra Lynn, the T-Girl who received the voicemail messages. The opinion states there are 11 aggrieved people in the case.