TV cross-dresser sues for gay rights

A restaurant with a strict dress code is finding out the hard way that discrimination in any form is bad for business.

Television personality "Inday Garutay" is suing a restaurant in Pasig City for P630,000 in damages for forcing him off their premises on July 4 for violating the establishment’s dress code. He was wearing a brown long-sleeved blouse, fitted black lady’s slacks and ladies’ shoes at the time he was allegedly made to leave the restaurant.

Garutay, Christopher Borja in real life, said he was embarrassed and humiliated by the incident, prompting him to file charges of violation of Articles 19, 20, 21, 26 and 32 of the Revised Penal Code against the Aruba bar at the Metro Walk on Meralco Avenue in Ortigas Center, Pasig City.

"It’s not about the money. It’s about my rights," said Garutay, who is well known for his impersonation of the late talk show host Inday Badiday. Garutay did admit to using the ladies’ room.

Garutay’s lawyer, Jae de la Cruz, filed the charges yesterday before the Pasig City prosecutor’s office.

"It is not about defending the right to wear mini-skirt inside an establishment, it is about defending a legitimate life choice," said De la Cruz.

Accompanied by De la Cruz, Garutay filed charges against Aruba garbed in the same outfit he wore when he was barred from the establishment.

In his complaint, Garutay said the incident occurred at 6 p.m. on July 4 when he went to the Aruba bar to attend a friend’s birthday party.

He said that while he was seated inside the establishment, the restaurant manager, Tintin Aguilar, approached him and asked him to leave because cross-dressing was not allowed in their establishment. Garutay said he felt threatened by Aguilar’s statements, so he quickly left the place.

Garutay said he is not seeking publicity in suing the restaurant, nor is he after money: "Gusto ko silang turuan ng leksyon. Hindi nila dapat ginaganito ang mga katulad ko (I want to teach them a lesson. They should not do such things to people like me)."

Reporters tried to reach Aruba management for comment, but the people who answered the restaurant’s phone line said Aguilar and the establishment’s other ranking officials only report to work late in the afternoon.

This developed as the Lesbian and Gay Legislative Advocacy Network Philippines (Lagablab), which accompanied Garutay in filing the case, announced that the Filipino lesbian, gay, bisexual and transgender (LGBT) community will boycott the establishment for its discriminatory dress code.

Lagablab also vowed to give Garutay the support he needs to see the case through.

Lagablab secretary-general Jonas Bagas said they vow to stay away from commercial establishments that have similar anti-LGBT policies and practices: "The pink peso should not go where lesbians and gays are not wanted."

He said that the boycott will only be lifted if and when Aruba stops its discriminatory policy and issues a public apology for denying entry to cross-dressers.

Meanwhile, the Akbayan party-list group picketed the Pasig City Prosecutor’s Office and again called for the immediate passage of the Anti-Discrimination against LGBT persons.

They said the filing of a civil case against Aruba restaurant reflects the growing clamor from the Filipino gay community to seek remedies from the state legal system for the prejudicial policies and practices they encounter.

"The prevailing norm that encourages biases against Filipino lesbians and gays should be stopped and replaced by a social environment that respects and recognizes equality for all," said Akbayan Rep. Etta Rosales in a statement.