Philadelphia's Mass Transit Authority's Policy Might Be Gender Discriminating

Charlene J. Moore, like many LGBTQ Philadelphians, is at the mercy of the South Eastern Pennsylvanian Transportation Authority (SEPTA) for much of her local travel. Moore frequently purchased the monthly transpass offered by the agency, finding it the most convenient way to travel throughout the city. Then, on Nov. 18, 2006, she attempted to use a pass with an "F" designation, and was stopped by a bus driver on duty.

"He was saying things like, 'You don't look like a female,' 'Are you a male?'," said Moore.
The driver refused Moore service, and she was forced to pay the $2 cash fare to board the bus.
SEPTA's weekly or monthly passes specify if the holder is male or female. They may not be used by a rider of the opposite sex. SEPTA spokesman Richard Maloney said the requirement was implemented to prevent people from sharing their passes.

"It's part of our identification process," Maloney said. "One of the problems we've had is one member of a household using another's pass - a husband giving it to his wife or the other way around. It helps the operator confirm the person using the pass is approved to."

Moore saw the policy and the actions of the driver differently, and filed a complaint with the Philadelphia Commission of Human Relations. In September of last year, the Philadelphia Commission on Human Relations denied SEPTA's motion to dismiss the complaint. An attorney for SEPTA, Gino J. Benedetti, addressed the commission after it voted unanimously to deny the motion, arguing that SEPTA is a state agency, and is therefore beyond the jurisdiction of the commission.

Other major transit agencies, for example those in New York, New Jersey, Washington and Los Angeles, do not issue gender-specific passes.

"The gender-specific passes do nothing to prevent people of the same sex from sharing a pass," said Moore.
SEPTA claims the policy originated to disallow men from using the pass during the week for work, and then passing it along to their wives to use during the weekend for shopping.
"It seems out of touch for SEPTA to not note that both men and women work and shop equally," said Moore. "The policy doesn't really seem to have any logic."

Benedetti asked the commission to allow SEPTA to immediately go to court to settle the jurisdiction question before ruling on the pass-gender issue. SEPTA's multi-regional reach and complex bueracrcy extend beyond Philadelphia's non-discrimination legislation or oversight. The Commission, relying on a recommendation from the City Law Department, ruled that it has jurisdiction and will investigate the complaint. SEPTA, which is represented by the firm of Dilworth Paxson LLP, has threatened to appeal.

This week, Riders Against Gender Exclusion (RAGE) presented to the SEPTA Citizen Advisory Committee (CAC) at their meeting Tuesday. Although the CAC does not have the power to change policy, they can make recommendations to the SEPTA board. RAGE presented a position, as well as implored SEPTA to change what they perceived as an outdated and harmful policy.

"This is not an isolated problem, and it doesn't only affect trans people," said Corey S. Davis, employment rights project attorney at Equality Advocates. "SEPTA's policy inevitably leads to harassment of - and discrimination against- anyone who doesn't strictly conform to traditional gender norms. People from all walks of life could be challenged by this ineffective and antiquated policy."

SEPTA refused to comment during or after the Tuesday session. Charlene Moore still believes their must be a resolution to her two-year battle.

"I believe I was probably just the first to speak-up, not the first that this happened to," said Moore. "I hope this policy is reversed or corrected. It wasn't a very pleasant experience for me, nor do I think it would be for anyone else."

City officials and SEPTA users agree that the policy seems to be out of touch with the times, and does unfairly allow for the targeting of trans individuals.
"It seems to me to be a policy in search of a reason," said LGBTQ and trans activist Kathy Padilla. "The policy makes no sense. It isn't really preventing what it intends to prevent - which is the misuse or multiple use of a SEPTA pass. What is happening is that we are seeing institutional transphobia at play. SEPTA is putting themselves on the wrong side of history. When the Federal civil rights law changes, they will be forced to adapt."