The Hideout bar on Route 1 in Rehoboth was fined $15,000. (Blade file photo)
The Delaware Human and Civil Rights Commission voted to fine Hideout Arcade Bar & Grille $15,000 last month due to a discrimination complaint filed by a trans woman over her use of the bathroom.
Katie Sorber, a transgender woman, said that on April 5, 2023, she was stopped by employees and told she could only use the men’s bathroom due to the “male” gender marker on her driver’s license. This occurred after Sorber presented her ID upon entering the bar and ordering a drink.
Sorber took to Facebook to complain about her experience at the bar after she was told to use the men’s bathroom.
On April 12, 2023, Sorber returned to the Hideout but was barred from entering due to her post on social media.
Following Sorber’s post, Bryan Derrickson, the owner of Hideout Arcade Bar & Grille, allegedly began enforcing a policy in which patrons had to use the bathroom that corresponded to the gender marker on their ID.
Derrickson was ordered to pay $10,000 to Sorber, $5,000 to the Special Administration Fund, as well as conduct anti-discrimination training with employees, remove the ban on Sorber from the establishment, and revise the bar’s bathroom policy.
The commission ruled that the bar and Derrickson had wrongfully discriminated against Sorber on the basis of her gender.
Derrickson’s explanations for the denial included safety concerns, a third-party patron complaint, and a reference to the health code. The panel found this to be inconsistent and lacking factual support upon cross-examination.
The case was evaluated under the Delaware Equal Accommodations Law, which explicitly prohibits discrimination and retaliation in places of public accommodation based on gender identity.
This was the second time that the bar has been fined for discriminating against a transgender woman. The bar received a $2,000 penalty in September of last year for denying a transgender woman entry in 2023.
Half of the fine went to Kathy Carpenter Brown, the trans woman who experienced the discrimination. Brown is the founder of TransLiance, an LGBTQ+ advocacy group in Delaware.
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