Remember Amber Yust? She was the 23-year-old trans woman who was sent a letter by a California DMV employee telling her she “made a very evil decision” to transition, and condemned her to hell.
Before sending that letter to Amber’s home, the now ex-employee of the DMV — Thomas Demartini — apparently used agency records to find her address. DMV employees aren’t supposed to use agency records to find customer addresses for personal use; DMV employees aren’t supposed to use agency data to contact customers for unofficial purposes.
Demartini was allowed to resign from the DMV last December.
Well now, both the California DMV and Thomas Demartini are being sued by Amber Yust. From the San Francisco Chronicle‘s Transgender woman sues DMV over clerk’s letter:
A transgender woman who received a personal letter at home from a California Department of Motor Vehicles clerk who helped her obtain a new driver’s license is suing the DMV and its now ex-employee.San Francisco resident Amber Yust filed a lawsuit on Wednesday seeking compensatory and other damages for the invasion of privacy and emotional distress she says she suffered when she received the letter calling her gender change a “very evil decision.”
I’m glad Amber is standing up for herself, as well as for other trans people in California — this is a case I’d so love to see Amber win.
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Related:
* CNN: DMV Employee Resigns Over Letter Condemning Customer To Hell
* Transphobia As An Apparent Government Function
* California DMV Employee Tells Trans Woman In Letter She’s Made A ‘Very Evil Decision’




16 Comments


This is great newsI was horrified when I heard the details of this incident. Both the California DMV and the former employee should be held accountable for his actions.
Go Amber!Bias is one thing, but using government resources to pursue people in their own homes to express your bias is just plain hideous. I’m glad she’s suing.
Can anyone explain whythis creep was allowed to resign instead of being shit-canned?
If they fired him…he could probably qualify for unemployment. But telling him to resign, he officially left the employment of his own accord and thus can’t collect unemployment. Nor can he sue them for dismissing him for whatever BS reason his Christianist attorneys can come up with.
“aren’t supposed to use agency data”????Can anyone explain why no charges were brought against him? This briefly was all over the news; online, print and television. Where was the DA?
Those weren’t just DMV departmental “guidelines” being broken. They were, you know, stuff like,
CA Anti-Harassment Codes, CA codes against data misuse by State employees ($5k fine, possible jail) and, from the DMV’s site:
“Release of personal information must be in accordance with the Information Practices Act of 1977 (Civil Code Section 1798 et seq.) and the federal Driver’s Privacy Protection Act of 1994 (DPPA) (Title 18 United States Code Section 2721-2725). ”
“Confidential information includes, but may not be limited to, an individual’s home address (California Vehicle Code Section 1808.21), home telephone number (Government Code Section 6254.3), physical/mental information (California Vehicle Code Section 1808.5), social security number (California Vehicle Code Section 1653.5), and photograph (California Vehicle Code Sections 12800.5 and 13005.5)”
Failure to comply with these policies will result in disciplinary action in accordance with state and federal laws and regulations and/or civil or criminal prosecution.
…so, why no prosecution? I’d really like to know, ’cause if state employees can do this and
only get firednot even get fired, what else can they do?…and then there are all those good-sounding California laws that mention stuff like,
“Establishes right to be free from violence or intimidation committed against persons or property because of actual or perceived “race, color,religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability.
“Enhances penalty for felony committed because of victim’s actual or perceived “race, color, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation.”
“Specifies additional penalties to be imposed for “felony of intimidation because of specified beliefs or characteristics.”
“Aggravating factors that shall be considered include selection of a victim because of the victim’s actual or perceived “race, color, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation.”
Also, I know it sounds crazy, but wouldn’t being found guilty of just one of these kinda help prevent him from suing for dismissal and winning? And really bolster her case, too? And let’s not forget that weirdness of the guy’s church contacting her at home, too:
“In addition to the letter, a DVD arrived from a fundamentalist church warning of eternal damnation for anyone “possessed by demons” of homosexuality. Demartini’s letter had referred Yust to the church’s website as a source of “critical information for your salvation.”
(from Examiner.com) …so it’s not like he didn’t just use her personal information for his own use; he also passed it on to other people for further faith-based harassment and intimidation.
The scariest part to me is that California was the first to have an anti-stalking law, prompted by the murder of an actress by a crazy that got her home address from…the DMV. That same murder is what prompted them to tightly restrict the release of personal information such as home address, etc.. If no charges are brought against this guy, doesn’t it kinda say to all the other Christianist-crazies that the worst that will happen if you harass sinners at home is you will be allowed to resign from your job and simply walk away, so go ahead and push the envelope a little more next time?
They’d have to prove…That the whacko cult sent this, and not the man himself. He could just say that he didn’t tell anyone, but just happened to have the propaganda lying around the house, and forwarded it.
I’m not a very litigious person but…Sue baby! Sue!
You can’t force someone to stayso they can be fired.
I worked at a State agency in Oklahoma. My Supervisor had been sexually harassing/abusing me. When I reported him to management, they “encouraged” him to quit and take early retirement. That way there was no messy disciplinary hearings/bad publicly/punishment/firing.
My Supervisor got off the hook scot-free with no fear of losing his retirement. In my case, I lost my career and ended up destitute.
publicity*
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Romanian SPAM! Just like the last Romanian SPAM.Someone here must like this sheise cause it never gets deleted.
We don’t see spam always.But since you now commented, Om Kalthoum, I’m not going to delete the parent comment, but I have banned the user.
Good-bye, gmsjBanned for spamming.
And then it’d be “repeated”, not just a single letter.The key difference in “stalking”, no?
Here’s a thread where 22 out of the 44 responsesare SPAM or my responses to it. I think when the parent spam isn’t removed, the undead just keep coming back. Always under new names, of course. I believe it’s that spamalicious odor of good luncheon meat piling up that attracts them.
http://www.pamshouseblend.com/…
Well, I’ll just keep on obsessively noting the occurrences, then. Since others rarely comment on this stuff, I figure I’m atypical in being irritated by it. It’s a lonely job, but someone’s got to do it, hasn’t she?
Hope the jury finds for her