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A security guard questioned Baker about her gender in the women’s restroom and when she showed her ID indicating that she is female, “the guard failed to remedy the situation and instead, continued to eject the couple from the premises,” MCAD said. Baker and her girlfriend spoke out against their treatment online, prompting the hotel to retaliate against the couple by issuing “a false statement to the media implying that the women were somehow in violation of the Liberty Hotel’s policies,” the commission said. The hotel had initially said the women were using the same stall in the restroom, which is prohibited, but Baker and her girlfriend, Liz Victor, denied that allegation, the Globe reported in June. “This outrageous incident at the Liberty Hotel left these two women emotionally shaken, humiliated, and deeply distressed,” MCAD chairwoman Sunila Thomas George said in the commission’s complaint, according to the statement. “They were denied services, subjected to demeaning treatment in front of other patrons of the hotel, and falsely accused of actions they did not commit, which is not only degrading, but unjust according to Massachusetts civil rights law,” George said. A lawyer for Baker didn’t immediately respond to a request for comment on Monday morning. Mark Fischer, the Liberty’s general manager, said Monday in a separate statement that he wanted “to offer another apology” to Baker and Victor for the incident. “We deeply regret that our initial statement may have created unintended impressions about the actions of Ansley and Liz,” Fischer said. “That was not our intent.” Fischer said the hotel “is committed to learn from this and do everything we can so that nothing like it ever happens again. We have already held multiple staff sensitivity trainings and are working with the Massachusetts Commission Against Discrimination (’MCAD’) to continue this important work. We are grateful to the MCAD for its leadership and expertise in strengthening our practices.” Fischer said everyone “should feel welcome and respected at the Liberty Hotel and our ongoing work with the MCAD only enhances our commitment to that pledge. We remain steadfast and committed to having an inclusive culture.” During a June news briefing, Baker’s attorney, Lenny Kesten, said MCAD had taken a “a very rare step” in bringing the discrimination complaint on its own. Normally, aggrieved parties initiate such complaints. “The commission has determined what had happened to these women was a violation of their civil rights and a matter of public concern,” Kesten told reporters as Baker and Victor sat beside him holding hands. A hotel spokesperson said in June that a review of the incident found “the employee was in the wrong and his actions were well beyond regrettable.” “No guest of ours should ever be treated in a manner that is anything other than respectful and welcoming,” the spokesperson said in a statement. “We apologize to our guests, and to our community particularly the LGBTQ+ community. We continue to work on making amends with Ansley and Liz while we have taken corrective action and sensitivity training.” Kesten said in June that Baker and Victor had not asked for monetary compensation and had not filed suit against the hotel. During the May incident, Baker had to use the restroom at one point, and Victor went in with her. Baker said Victor usually accompanies her to public restrooms because people have previously accused her of being a man. But shortly after Baker entered a stall, a man banged on the door and told her to come out. After she pulled up her shorts and stepped out, a security guard accused her of being a man in the women’s restroom and demanded to see her ID, Baker has said. Although Baker showed the guard her ID and Victor repeatedly told him she is a woman, the couple was escorted out of the hotel, she said. As they left the restroom, Baker said, a couple of other women made comments, calling Baker “a creep” and telling the guard to “get him out of here.” Speaking to reporters in June, Baker said she has faced “comments” and “looks” when using the women’s room in the past, but the incident at the Liberty Hotel was her “worst nightmare coming true.” “This is the first time that something like this has escalated to the degree that it did,” she said. “I wasn’t surprised that something escalated, but it was terrifying.” On Monday, MCAD’s executive director, Michael Memmolo, said the case was especially relevant given the current political climate. “At a time when protections for gender identity and sexual orientation are being challenged nationally, the MCAD remains committed to upholding these rights and holding businesses accountable to the law,” Memmolo said. “Our mission is to create a Commonwealth where discrimination is not only addressed but actively prevented.” Material from previous Globe coverage was used in this report.
