Row over SNP politician's stance on trans issues could hit the courts

Scottish MP Joanna Cherry is taking  legal action against The Stand comedy club for cancelling her Edinburgh Fringe show.

The venue pulled an in-conversation event with the SNP politician after staff refused to work on the event because of her views on trans rights.

Cherry – herself a senior human rights lawyer and a KC – disagrees with her party’s policy of letting trans people to legally determine their own gender, arguing it could undermine women’s rights. But her critics accuse her of being transphobic.

Now her lawyers have fired a legal letter to The Stand, saying that being ‘treated less favourably as a direct result of her beliefs (and views) amounts to unlawful discrimination and is actionable’.

It adds: ‘You cannot escape a finding of discrimination on the grounds that your staff objected or refused to work at the event. This has been established and reinforce many times over by the courts.’

The broadside from Glasgow-based lawyers Levy & McRae also claims that a statement put out by The Stand about the cancellation was defamatory ‘as it clearly suggests that our client represents some form of danger or at least threat to people’s safety should the event proceed, as well as the clear implication that it would not be legally compliant.’

In that statement, the venue said they wanted to ensure their staff’s views were respected, adding: ‘We will not compel our staff to work on this event and so have concluded that the event is unable to proceed on a properly staffed, safe and legally compliant basis.’

Cherry’s lawyers argue she would be entitled to damages to be awarded for defamation and for breaches of the Equality Act. However they say she would be willing to waive such a claim should The Stand issue an apology and a statement admitting that it had unlawfully discriminated against her – and reinstate the planned Fringe event, either on its original date of August 10 or at another time in the festival.

The Stand say they will issue a statement in response to the letter once they have consulted their own lawyers.

My solicitor’s letter to @StandComedyClub in respect of their unlawful discrimination against me & a media statement are attached. I have a supporting Opinion from the eminent & leading #HumanRights advocate Aidan O’Neill KC which I will post separately 1/2 pic.twitter.com/E9IdjRFCVd

— Joanna Cherry KC (@joannaccherry) May 8, 2023

The chain of venues was founded by fellow SNP MP Tommy Sheppard, who is still a director of the company that runs it but is no longer involved in its day-to-day running.

When the row first flared up last month, The Stand venue the booking, saying: ‘Whilst we may disagree with a particular viewpoint, we believe that people should have the right to express views that others might find controversial or strongly disagree with, providing this is done within the law and does not violate our code of conduct’.

However, the protests of the staff forced it to change its mind.

In.the legal letter, Cherry’s lawyers said: ‘Our client respects the views of others and believes in freedom of thought and expression. She as no objection to those who disagree with her but does object to being treated unlawfully simply because some people may happen to disagree with her views.’

One of the first people to publicly protest Cherry’s booking was trans stand-up Bethany Black, who pulled her touring show at the club’s Glasgow venue because of it.

Writing on Twitter, Black accused Cherry  of wanting to ‘exclude people like me from public life’, adding that she did not want to ask the trans community to ‘fund their own oppression’ by purchasing tickets for her show.

The event was being put on by producers Fair Pley, who have programmed a number of similar in conversation with events at The Stand over the Fringe.

Published: 10 May 2023