CHARLESTON – A gay man has sued Spirit Halloween after he says he was denied service and harassed by a manager.
Trevor Anderson filed his complaint March 23 in Kanawha Circuit Court against Spirit Halloween Superstores and Thelmon Jamar Penn, who was the manager of the Charleston store.
“Incidents like this don’t just affect the victim,” said Andrew Schneider, executive director of Fairness West Virginia, which announced the lawsuit at a press conference. “They also instill fear in members of the entire LGBTQ community. The truth is, discrimination is a real problem in our state, and that’s why it’s so important that we have laws on the books to protect people like Trevor.
Salango
“We need our leaders at the Legislature and in Congress to take this seriously. No one should have to experience what Trevor did. No one should live in fear.”
According to his complaint, Anderson visited the Charleston location of the seasonal store on October 25, 2021 to return or exchange a Halloween costume.
When he placed the costume on the counter and asked the cashier to return it, Penn told the cashier he would handle it. Anderson says Penn asked him why he was returning the items, and Anderson told him some of them didn’t fit.
“Maybe you shouldn’t try to wear women’s clothes,” Penn replied, according to the complaint.
Anderson then asked to speak to a manager, and Penn told him he was the manager. When he told Penn the comment was out of line, Anderson says Penn became enraged. Penn refused to process the return, saying he “is the manager and does not have to let you exchange anything.”
Anderson then asked Penn for his contact information. Penn wrote his name on a register receipt and said, “I’ll give you my name, but I’m not giving my number to a faggot.”
Anderson says Penn then called Anderson a “f---ing pussy” and threatened to “beat his ass” if he returned to the store.
“Get the f--- out of my store,” Penn yelled, according to the complaint.
When Anderson left the store, he says Penn followed him outside. When Anderson ran, he says Penn followed him to his car.
Penn “removed his shirt and started screaming that he was going to ‘beat your faggot ass’ and tried to physically assault Mr. Anderson,” according to the complaint.
Anderson said he jumped in his car and locked the doors to avoid a physical attack. He says Penn struck the trunk of his car as he left.
Since the incident, Anderson says he has been riddled with fear and anxiety.
“This incident has completely changed my life,” Anderson said. “For weeks afterward, I had nightmares of the incident. I would replay what happened over and over in my mind. Before Halloween, I had considered myself pretty safe here in Charleston. The world has changed a lot for gay people over the past few years, and our city is generally a pretty welcoming place. But since that day, I’ve been looking over my shoulder.
“I want my story to help make things better for our community,” Anderson said. “No one, no matter who they are or who they love, should have to live in fear.”
Anderson says the defendants violated the West Virginia Human Rights Act and Charleston public policy by discriminating against him based on his sexual orientation and on negative sex or gender stereotypes. He also accuses the defendants of intentional infliction of emotional distress and civil assault.
Anderson seeks economic and non-economic compensatory damages, punitive damages, attorney fees, court costs and other relief.
He is being represented by Ben Salango of Salango Law in Charleston.
“Whether it’s at work, applying for jobs or simply exchanging an item at a store, our friends in the LGBTQ community face intolerable discrimination,” Salango said. “Spirit Halloween corporate headquarters is well aware of this incident.
“However, to date, there has been no apology for the outrageous and discriminatory actions of its manager. Spirit Halloween left Mr. Anderson with no alternative but to file a lawsuit.”
Kanawha Circuit Court case number 22-C-216
