Legal action against Eventbrite for unlawful discrimination

Yep, and now that shoe is on the OPs foot quite literally. She wants to sue Eventbrite, she’s going to have to do it in San Francisco county small claims court (if she opts out of their Arbitration process). It seems the same belief is on this thread that U.K. law applies everywhere.

GC beliefs are not a protect characteristic in US law. They are considered to be a political belief.

The Forstarter case was about an employee having these beliefs and not being discriminated against by their management for merely having these beliefs per the U.K. Equality Act.

It did not provide a precedence for the OPs case which is publicly publishing content advertising an event that disseminates GC ideology. I’m sure you can see there are substantial differences between the two circumstances.

In addition, the T&Cs allow for Eventbrite to take down any content for any other reason. They could simply say they took it down due to complaints of violent/dangerous content and it doesn’t matter if the content was actually like that it has reflected badly on them and case over.

Spero is a family law barrister familiar with U.K. family law. Unless she’s also worked in international contract law, like I have, she won’t know very much.

First, the T&Cs are standard, there is nothing in them that is not a generally accepted practice. Secondly, they haven’t refused service because of a protected characteristic, but because of the questionable nature of content that was published. They haven’t broken any laws. The OP breached contract by posting content in violation of their T&Cs and Community Guidelines. Thirdly, the only U.K. law a company abroad selling a service or goods to a U.K. consumer has to follow is the Consumer Protection Act. They’re not “doing business here” in the sense that they are in California and they host a webpage there that anyone from anywhere can access and use to advertise and sell tickets on. So US & CA laws apply per their Applicable laws and jurisdiction clause.

This is a civil dispute over contract terms and conditions, it’s what is going to be considered by the court. The court will be the small claims court in San Francisco, unless OP opts for the Arbitration process instead.

It’s not arse wiping material as much as you may wish it to be so.

Im just trying the save the OP and anyone crowdfunding from wasting their money. If I were a TRA I would be howling with laughter while egging you on and secretly hoping you all lost a few hundred thousands £££ on your attempt to sue Eventbrite.

Weather is better today so have gardened.

It looks like the garden is in a park called democracy three dot org. It's linked from Sarah's twitter (no account needed to view).

Thank you for doing this.

The extent to which women have been silenced is shocking. It is very important that we chip away. This latest may sound trivial, but this is happening time and time again. It should not. We need to prove that when companies do this they are breaking the law.

Companies seem to think that they can discriminate against women with impunity. And they have been. They get complaints from TRAs, and, currently, there is zero risk to them cancelling women.

They need to know that there is a risk. That there are consequences.

i'd like to see companies perceive an instant link between another spurious complaint of transphobia from a transactivist and losing money.

i'm digging for that.

And not just any barrister, a multi award winning one.

I'm really cross about this whole thing. I went to get tickets and the link had gone. How DARE event bright discriminate like this. How dare there. Oh i will be digging.

Donated

It keeps happening. They read what other TRAs claim and take it as gospel. They don't check it out themselves. And if it's an American TRA, they know fuck all about British law.

They said exactly the same over the Allison Bailey case and the Maya Forstater case. That their contracts over rode discrimination laws.

Makes you wonder why the first question in their head isn't what's the point of a discrimination law, then?

Trowel will be wielded at pay day.

TRAs don't excel at much, but the one thing they do excel at is patronisingly explaining a subject - biology, the law, sports - to a woman who is expert in it.

Not to mention explaining patronisingly to women that they are wrong about womanhood itself, and that the shit that society deals out to people who have female bodies from the day they were born doesn't in any way affect our lives 😂

You would probably not be amazed at the number of US citizens who genuinely believe that US law applies everywhere. Ignorance knows no borders.

Most attempts to sue my ass fall down when I get asked what state the UK is in.

Yes, seriously.

Eventbrite, Healthcare America, PayPal...

Time to let them know about the T&Cs of U.K. Law.

Good luck Spero and I have a small hand trowel ready, wish it was a shovel as there is, as ever, lots of digging to do.

Ah it was a study. arstechnica.com/tech-policy/2016/07/nobody-reads-tos-agreements-even-ones-that-demand-first-born-as-payment/amp/

Was there not some company that put in their Ts and Cs that by signing up to them you handed over your first born child or something like that?😂

Side issue, but you can also get out of T&C's if they are particularly unusual and the company hasn't drawn sufficient attention to them. They can't just stick something preposterous in the small print to catch people out with.

Good luck, spero.

TRAs don't excel at much, but the one thing they do excel at is patronisingly explaining a subject - biology, the law, sports - to a woman who is expert in it. If I had a pound for every time I'd seen a TRA have their arse handed to them on a plate...

That aside, I don't really understand Eventbrite's behaviour here. Their platform has been used to host lots of gender-critical events. What on earth did they object to about Sarah's book launch?

Didn’t Toby young recently have problems wit PayPal withdrawing services and he said they couldn’t sue because PayPal are based elsewhere in the world. It’ll be interesting to see how it affects the claim if at all.

Anyway, Eventbrite are making a habit of policing people’s freedom of speech. It’ll be great to see someone push back! I’ll be planting a potato or two.

I am not sure what I can usefully do to help but thank you for bringing this case and I hope your book launch goes well.

Enjoying the hubris with my morning coffee

Nice c&p Discovereads. Just a shame you didn't read it properly:
But if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law

@Discovereads
This isn’t a contractual claim, it’s founded in discrimination. Do you think a company could refuse services to black or Hindu customers because it put something in its T&Cs?
If you provide a service in the U.K. you can’t breach the Equality Act in the provision.
Your contractual terms don’t absolve you from complying with the law.

It did amuse me watching you tell a practising barrister about the merits of her legal case.

So according to discovereads if a company based in say Iran puts in their Ts and Cs that they won't provide service to gay or Jewish people, and the terms are governed by the laws of Iran, then they could legitimately and legally refuse service to any gay or Jewish person using their service in the UK? Really?! I mean unlike Spero I'm not a barrister but doesn't seem right to me.