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In 2020, Yaniv filed a new civil suit for $11,800 against three of the female beauticians involved in the Tribunal case.<ref name=nationalpost2/> In an email to the ''[[National Post]]'' she said that she paid the money owed to the beauticians in the tribunal case, but they had failed to remove related liens placed against her; so, she had to sue to protect her assets.<ref name=nationalpost2/>
In 2020, Yaniv filed a new civil suit for $11,800 against three of the female beauticians involved in the Tribunal case.<ref name=nationalpost2/> In an email to the ''[[National Post]]'' she said that she paid the money owed to the beauticians in the tribunal case, but they had failed to remove related liens placed against her; so, she had to sue to protect her assets.<ref name=nationalpost2/>

===Other complaints===

In December 2019, a [[gynaecologist]] to which Yaniv claims to have been referred, refused to serve her, stating "we don't serve transgender patients". Yaniv said she planned on filing a complaint against the clinic.<ref name="taking on"/><ref name="ricky"/>


===Impact and reactions===
===Impact and reactions===
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<ref name="taking on">{{Cite news|last=Hook|first=Chris|date=2019-12-04|title=Transgender activist who sued beauticians is now taking on gynaecologist|url=https://7news.com.au/news/social/trans-activist-who-sued-beauticians-for-not-waxing-her-male-genitalia-now-taking-on-a-gynaecologist-c-588934|url-status=live|archive-url=http://archive.today/tTR9p|archive-date=2020-09-22|work=7NEWS|location=Australia}}</ref>
<ref name="taking on">{{Cite news|last=Hook|first=Chris|date=2019-12-04|title=Transgender activist who sued beauticians is now taking on gynaecologist|url=https://7news.com.au/news/social/trans-activist-who-sued-beauticians-for-not-waxing-her-male-genitalia-now-taking-on-a-gynaecologist-c-588934|url-status=live|archive-url=http://archive.today/tTR9p|archive-date=2020-09-22|work=7NEWS|location=Australia}}</ref>

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<ref name="northshore2">{{Cite news|last=Wood|first=Graeme|date=2019-07-25|title=Genital waxing complainant's topless-OK youth LGBTQ2S+ swim proposal delayed by Township of Langley|work=North Shore News|publisher=[[Glacier Media]]|url=https://www.nsnews.com/genital-waxing-complainant-s-topless-ok-youth-lgbtq2s-swim-proposal-delayed-by-township-of-langley-1.23895812|url-status=live|archive-url=https://web.archive.org/web/20200908051621/https://www.nsnews.com/genital-waxing-complainant-s-topless-ok-youth-lgbtq2s-swim-proposal-delayed-by-township-of-langley-1.23895812|archive-date=2020-09-08}}</ref>
<ref name="northshore2">{{Cite news|last=Wood|first=Graeme|date=2019-07-25|title=Genital waxing complainant's topless-OK youth LGBTQ2S+ swim proposal delayed by Township of Langley|work=North Shore News|publisher=[[Glacier Media]]|url=https://www.nsnews.com/genital-waxing-complainant-s-topless-ok-youth-lgbtq2s-swim-proposal-delayed-by-township-of-langley-1.23895812|url-status=live|archive-url=https://web.archive.org/web/20200908051621/https://www.nsnews.com/genital-waxing-complainant-s-topless-ok-youth-lgbtq2s-swim-proposal-delayed-by-township-of-langley-1.23895812|archive-date=2020-09-08}}</ref>

Revision as of 15:51, 7 October 2020

Jessica Yaniv
Born1986 or 1987 (age 36–37)[1]
Other namesJessica Simpson (legal name)
CitizenshipCanadian
EducationKwantlen Polytechnic University
Websitetrustednerd.com

Jessica Yaniv (whose legal name is Jessica Simpson) is a Canadian transgender activist in British Columbia who is best known for filing a total of eight complaints of discrimination on the basis of gender identity with the British Columbia Human Rights Tribunal in 2018 and 2019 after being refused waxing services. The Tribunal rejected her initial complaints in 2019.

Early life, education, and career

Yaniv says that since she was six, she has been transgender, but was afraid to be open about it.[2] In her teens she was treated for gender identity disorder with associated depression, anxiety, and attention-deficit hyperactivity disorder.[2]

Yaniv attended Kwantlen Polytechnic University in Surrey, British Columbia,[3] studying computer science.[4]

In 2008, she gained her first public attention, when she used Facebook to call for a National Sex Day on August 21.[4][3][2] As part of the campaign, she sent out free condoms on request.[4] She later revealed it was a viral marketing promotion. The promotion attracted over 100,000 Facebook users.[2]

Yaniv worked in call centres and tech support. That led to her creating her own business, which provided internet support to customers. She ran the business for several years under her birth name, before legally changing her first name to "Jessica", while keeping her last name.[2] From 2012 to 2017, Yaniv worked for the American vocal group Cimorelli, managing their social media and marketing products endorsed by Cimorelli.[2][5] She also acted as public relations manager for the American house music singer Chelsko.[6]

Activism

Yaniv is known in the Township of Langley for her advocacy on a number of issues before Township council. She spoke on a wide range of issues including providing feminine hygiene products, asking for funding of her campaign for the Miss BC pageant title, and single-use plastics.[7] A significant portion of her advocacy was on gender issues, such as seeking an end to segregation in physical education classes that was based on gender.[7]

She also proposed and was an advocate for the "all-bodies swim" at a Langley township public pool.[7][8] The event was to be for ages 12 and up, clothing above the waist optional, and parents and caretakers would be prohibited.[8]

Human Rights Tribunal complaints

In 2018, Yaniv filed discrimination complaints with the British Columbia Human Rights Tribunal against multiple waxing salons alleging that they refused to provide Brazilian waxes to her because she is transgender.[9] Yaniv's case was the first major case of transgender discrimination in retail in Canada.[10] Yaniv was seeking as much as $15,000 in damages from each beautician.[11] In response to the complaints, several of the estheticians said that they lacked the required training to wax male genitalia, or that they were not comfortable doing so for religious or personal reasons.[12] Thus, for them, being transgender was not the issue, but having male genitalia was.[13] Yaniv rejected the claim that special training in waxing male genitalia was necessary.[14] Most of the respondents did not speak English and two of the businesses were forced to shut down due to the complaints.[15]

In October 2019, the Tribunal ruled against Yaniv and ordered her to pay $6,000 in restitution split equally among three of the service providers. The ruling was critical of Yaniv, with Devyn Cousineau stating that she "targeted small businesses, manufactured the conditions for a human rights complaint, and then leveraged that complaint to pursue a financial settlement from parties who were unsophisticated and unlikely to mount a proper defence."[16] The tribunal concluded that she had been financially motivated in 10 of the 13 complaints,[17] was untruthful on the central aspect of her complaint, and had made "scurrilous attacks" on one of the respondents.[18] Cousineau added that Yaniv was "motivated to punish racialized and immigrant women based on her perception that certain ethnic groups, namely South Asian and Asian communities are 'taking over' and advancing an agenda hostile to the interests of LGBTQ+ people."[16] For this reason the court ruled not only that, since none of the salons advertised waxing services for male genitals, they did not discriminate against Yaniv on the basis of her gender identity, but also rejected the complaint regarding the refusal to wax Yaniv's arms and legs.[19][20][21] An appeal by Yaniv against the verdict was rejected in November 2019.[22]

Of Yaniv, the ruling also said: "Once her identity and role in these complaints was revealed, she faced a torrent of backlash and hatred, and from that point onward was representing herself in very difficult circumstances."[18]

On January 7, 2020, the Justice Centre for Constitutional Freedoms, which had represented three of the respondents, announced it was representing another salon in an additional complaint filed by Yaniv in early October 2019.[23] This represented the eight complaint filed with the Tribunal by Yaniv.[24] The Tribunal ruled that any complaint by her would be deferred for six months due to her failure to pay fines imposed by Tribunal.[25]

In 2020, Yaniv filed a new civil suit for $11,800 against three of the female beauticians involved in the Tribunal case.[16] In an email to the National Post she said that she paid the money owed to the beauticians in the tribunal case, but they had failed to remove related liens placed against her; so, she had to sue to protect her assets.[16]

Impact and reactions

Adrienne Smith, a BC human rights lawyer, said the case with Yaniv reversed much of the success the trans community had enjoyed with the tribunal in recent times.[26] Smith said a major problem was that Yaniv had no legal representation, which allowed to Yaniv to make serious errors, such as making negative comments on social media during the proceedings, which a lawyer would have prevented.[26] Smith said it showed a need for better Legal Aid funding, so there would be representation for cases like this.[26]

The Canadian Legal Information Institute (CanLII) noted that "those seeking to undermine the human rights regime, or to suggest that human rights have gone too far (typically in their objections to its inclusion of gender identity and gender expression), widely utilized the news stories around this case to make their point." The CanLII also noted "This case was also notable for the public spectacle it created outside of the Tribunal. It was characterized by incredible levels of hostility".[27]

Arwa Mahdawi of the The Guardian criticized that fact the case has been largely covered by the right-wing media, who normally aren't concerned with the marginalized groups they show concern for in the Yaniv case.[28] Mahdawi said that a woman who feels uncomfortable working with a penis should not be called a bigot, as Yaniv suggested, and such a claim "...makes a mockery of the hate crimes that are committed against trans people every day."[28]

In the Toronto Star, Joanna Chiu reported that numerous transgender people had experienced a significant increase in online hate against them, as a result of coverage of the Yaniv tribunal case. Chiu said transgender advocates "...worry the ruling could embolden transphobia, while the public loses sight of how marginalized the community still is in Vancouver."[29]

Following the filing of the complaint, Yaniv "has become embroiled in Twitter feuds with conservative figures, appeared on the radio show of American conspiracy theorist Alex Jones, and been the subject of dozens of news articles and opinion pieces".[19] Jones and several other media outlets had used Yaniv's case to rile their followers.[10]

The case garnered international attention, including a segment on Tucker Carlson's Fox News channel show.[9] It was also cited as a factor in the Australian Liberal-National Coalition's decision to oppose a proposed gender self-identification law in Victoria, Australia[30] and was cited by Senator Pauline Hanson in the Parliament of Australia in support of the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020.[31]

Weapons charge

Yaniv was arrested by the Langley RCMP detachment on August 8, 2019, after she displayed a taser in her possession in a YouTube video, that was live streamed.[32][1] She had been debating with fellow Youtuber Blaire White when she allegedly displayed a prohibited weapon.[1] Commenting on the case, police noted the weapon was not directed at anyone.[33] When police raided her home, they seized two conducted electrical weapons.[34] Yaniv appeared in Surrey Provincial Court on January 13, 2020 to face weapons charges. After an altercation outside the courthouse with a journalist from far-right outlet Rebel Media, Yaniv was additionally arrested and charged for assault.[35]

Yaniv sued the Township of Langley for $35,000 over her treatment surrounding her arrest.[32] She said that the cells at the jail were unsanitary with bed bugs, and apparent faeces on surfaces.[32] She said a guard failed to provide her with diabetes medication or victim services.[32] She also said that staff refused to use correct pronouns when referring to her.[32]

According to Mathew Claxton in the Aldergrove Star, the Surrey Court registry indicates Yaniv was found guilty of a charge of possession of a prohibited weapon.[32]

Alleged online harassment

By Yaniv

According to Joseph Brean of the National Post, Yaniv has been accused by multiple people of harassment.[2] This includes claims she used vulgar and sexualized language in online communications with underage girls.[2] Yaniv has denied these allegations.[2] One of the allegations, was by a girl from Washington State, who said that Yaniv made declarations of sexual interest over social media when the girl was 14 years old,[2] allegations Yaniv has strenuously denied. The girl shared a recording of Yaniv with the National Post, where Yaniv made sexual comments using the voice of Elmo from Sesame Street.[2] Yaniv said the recording was a joke, not sent to the girl, but to a friend.[2]

Of Yaniv

In 2019, interactions on Twitter by Canadian feminist author Meghan Murphy and Jessica Yaniv resulted in Murphy being banned from the platform.[36][37] Murphy had misgendered Yaniv by calling her a "him", in violation of Twitter's hate and harassment policy.[36][19] Murphy unsuccessfully sued Twitter over the ban.[36]

Twitter also banned Lindsay Shepherd, a Canadian columnist, from its platform in 2019 as a result of interactions with Yaniv. Yaniv tweeted a comment regarding Shephard's uterus, to which Shephard replied by insulting Yaniv and referring to Yaniv as a "man". Twitter advised Shephard she had violated its rules against hateful content.[38][19]

The Twitter account of LifeSiteNews was deactivated after posting a Tweet in December 2019 that referred to Yaniv as "him", which Twitter deemed "hateful conduct".[39]

References

  1. ^ a b c Little, Simon (December 16, 2019). "B.C. woman at centre of genital waxing complaint now facing weapons charges". Global News. Corus Entertainment. Archived from the original on August 29, 2020. Retrieved August 29, 2020. {{cite news}}: |archive-date= / |archive-url= timestamp mismatch; August 30, 2020 suggested (help)
  2. ^ a b c d e f g h i j k l Brean, Joseph (August 6, 2019). "Trans activist Jessica Yaniv's human rights complaints brought her prominence; now she's accused of harassment and predatory behaviour". National Post. Postmedia. Archived from the original on September 18, 2020.
  3. ^ a b "Unzip and unwind, says National Sex Day organizer". CTV News. Bell Media. Canadian Press. August 10, 2008. Archived from the original on August 31, 2020. Retrieved August 31, 2020.
  4. ^ a b c The Canadian Press (August 11, 2008). "Vancouver student pitches National Sex Day". The Globe and Mail. Archived from the original on September 30, 2020.
  5. ^ Piggyback (April 4, 2016). "Piggyback by Cimorelli launches Indiegogo campaign - Brings sharing of music via earbuds without sharing earbuds". Canada Newswire. Archived from the original on September 30, 2020. For further information: press only: [...] JY Knows It Business Consulting
  6. ^ Benning, Kyle (July 11, 2017). "Band scraps video shoot at Tsawwassen water park over alleged transgender change room policy". Global News. Archived from the original on November 9, 2018.
  7. ^ a b c Claxton, Mathew (August 23, 2019). "Controversial Langley transgender activist arrested over stun gun". Aldergrove Star. Black Press Group Ltd. Archived from the original on December 15, 2019.
  8. ^ a b Wood, Graeme (July 25, 2019). "Genital waxing complainant's topless-OK youth LGBTQ2S+ swim proposal delayed by Township of Langley". North Shore News. Glacier Media. Archived from the original on September 8, 2020.
  9. ^ a b Little, Simon (July 29, 2019). "B.C. Human Rights Tribunal to take up to 3 months to decide transgender waxing case". Global News. Corus Entertainment. Archived from the original on August 3, 2019. Retrieved August 3, 2019.
  10. ^ a b Mitchell, Charlie (October 23, 2019). "Canadian transgender woman loses case against beauticians who refused Brazilian wax". The Telegraph. London, UK. ISSN 0307-1235. Archived from the original on March 20, 2019.
  11. ^ Hitch, Mike (December 5, 2019). "Ricky Gervais takes aim at transgender activist on Twitter". Star Observer. Sydney, NSW, Australia. Archived from the original on September 23, 2020.
  12. ^ Uguene-Csenge, Eva (July 26, 2019). "Transgender woman testifies at human rights tribunal after being refused Brazilian wax". The Canadian Broadcasting Corporation. Archived from the original on August 1, 2019. Retrieved August 3, 2019.
  13. ^ . (October 27, 2018). "When one person's right is another's obligation". The Economist. UK. Archived from the original on September 22, 2020. {{cite news}}: |last= has numeric name (help)
  14. ^ Corbella, Licia (August 1, 2019). "Corbella: Jessica Yaniv growing bolder in her bid to have her male genitals waxed". Calgary Herald. Archived from the original on September 18, 2020.
  15. ^ Carter, Helen (November 1, 2019). "Ricky Gervais gets huge backlash for Jessica Yaniv Halloween tweet". Manchester Evening News. UK. Archived from the original on November 1, 2019.
  16. ^ a b c d Desai, Devika (August 27, 2020). "Trans activist Jessica Yaniv files second lawsuit against 3 beauticians after losing human rights suit to them in 2019". National Post. Postmedia. Archived from the original on August 27, 2020.
  17. ^ Stueck, Wendy (October 22, 2019). "B.C. Human Rights Tribunal rejects transgender woman's discrimination claim over waxing services". The Globe and Mail. Toronto, ON, Canada. Archived from the original on September 22, 2020.
  18. ^ a b The Canadian Press (October 22, 2019). "Transgender woman ordered to pay over her rights complaint about body waxing - NEWS 1130". City News 1130. Vancouver, BC. Archived from the original on October 1, 2020.
  19. ^ a b c d Brean, Joseph (October 22, 2019). "Trans activist Jessica Yaniv filed genital wax complaints as means of 'extortion,' rights tribunal rules". Grande Prairie Daily Herald Tribune. Archived from the original on September 22, 2020.
  20. ^ Forgie, Adam (October 23, 2019). "Court rules in favor of women who refused to wax male genitalia of trans woman". KUTV (CBS). Archived from the original on October 25, 2019.
  21. ^ Larsen, Karin (October 22, 2019). "Estheticians don't have to wax male genitalia against their will, B.C. tribunal rules". CBC News. Archived from the original on August 30, 2020. Retrieved August 30, 2020.
  22. ^ Wood, Graeme (November 14, 2019). "Genital waxing complainant's appeal rejected by B.C. Human Rights Tribunal". Richmond News. Archived from the original on October 1, 2020.
  23. ^ "Rights centre says trans activist Jessica Yaniv has filed new complaint against B.C. salon over waxing refusal". Spruce Grove Examiner. Postmedia. Archived from the original on July 26, 2020. Retrieved August 30, 2020.
  24. ^ Glacier Media (January 7, 2020). "Eighth genital waxing case heads for Human Rights Tribunal". Tri-City News. Archived from the original on October 1, 2020.
  25. ^ . (February 2, 2020). "Complaint filed by trans activist Jessica Yaniv deferred until $6,000 paid to beauty salons". National Post. Postmedia. Archived from the original on September 22, 2020. {{cite news}}: |last= has numeric name (help)
  26. ^ a b c Macnab, Aidan (November 5, 2019). "B.C. Brazilian waxing case a step backward for trans human rights cases, says lawyer". Canadian Lawyer. Archived from the original on August 30, 2020. Retrieved August 30, 2020.
  27. ^ Ha-Redeye, Omar (February 23, 2020). "Improper motive a proper basis for dismissal". CanLII. Archived from the original on September 30, 2020.
  28. ^ a b Mahdawi, Arwa (July 27, 2019). "It's not a hate crime for a woman to feel uncomfortable waxing male genitalia". The Guardian. Archived from the original on August 30, 2020. Retrieved August 30, 2020.
  29. ^ Chiu, Joanna (October 24, 2019). "Jessica Yaniv fallout: Vancouver transgender activists say high-profile case has been 'massively negative' for community". The Toronto Star (Online Vancouver Section). Torstar Syndication Services. Archived from the original on October 29, 2019.
  30. ^ Urban, Rebecca (August 8, 2019). "Feminists reject transgender law change". The Australian. Archived from the original on August 30, 2020. Retrieved August 7, 2019.
  31. ^ Hanson, Pauline (August 31, 2020). "BILLS - Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020 - Second Reading". Senate Hansard. Parliament of Australia. Archived from the original on October 1, 2020.
  32. ^ a b c d e f Claxton, Mathew (August 27, 2020). "Controversial Langley activist sues Township, salon owners". Aldergrove Star. Postmedia Network. Archived from the original on August 30, 2020. Retrieved August 29, 2020.
  33. ^ Weichel, Andrew (December 16, 2019). "Trans activist involved in controversial waxing complaints facing weapons charges". CTV News. Bell Media. Archived from the original on September 8, 2020. Retrieved September 8, 2020.
  34. ^ Takeuchi, Craig (December 16, 2019). "Langley woman, previously involved in B.C. genital-waxing case, arrested for weapon possession". The Georgia Straight. Media Central Corporation Inc. Archived from the original on September 8, 2020. Retrieved September 8, 2020.
  35. ^ Wood, Graeme (January 23, 2020). "Surrey RCMP investigating altercation between reporter and transgender activist". North Shore News. Glacier Media. Archived from the original on January 24, 2020. Retrieved September 8, 2020.
  36. ^ a b c Brean, Joseph (October 29, 2019). "Meghan Murphy, the woman behind trans wars breaking out at the public library". National Post. Postmedia. Archived from the original on September 18, 2020.
  37. ^ Unwin, Rosamund (May 19, 2019). "Fur flies over 'Brazilian' wax for trans woman Jessica Yaniv". The Times. UK. Archived from the original on February 24, 2020.
  38. ^ Gollom, Mark (July 19, 2019). "For Twitter bans, a 'lack of transparency' is a bigger issue than political bias, experts say". CBC News. Archived from the original on May 28, 2020. Retrieved September 8, 2020.
  39. ^ Richardson, Valerie (March 29, 2020). "Twitter pressed to restore pro-life account locked for calling transgender activist 'him'". The Washington Times. Archived from the original on March 30, 2020.

Further reading

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