PEABODY — Members of a local transgender social club and Capone's Italian American restaurant last night agreed to attempt to resolve their differences before a mediator.
The parties have until April 26 to reach an agreement; otherwise, the group, Sisters Family, could proceed with a formal complaint against the restaurant with Peabody's Licensing Board.
Sisters Family is alleging that Capone's discriminated against eight of its members by refusing to let them in on Jan. 29.
Ashley Bottoms, 42, of Saugus, founder of Sisters Family, and a handful of others from the group submitted written complaints to the city that claim Capone's barred them from entering because their appearance did not correspond with the photographs on their identifications. Bottoms, whose legal name is Robert Knowles, asked to appear last night before the Licensing Board.
"A case like this begs for mediation," Peabody City Solicitor John Christopher said at the opening of a meeting in a small conference room in City Hall. He called it preferable to the "very frustrating," "time-consuming" and "expensive" route of litigation.
"If both parties go into it in good faith, it works out successfully," Christopher said.
Permitting Consultant C. Whiting Rice spoke on Sisters Family's behalf last night.
"We are more than willing to sit down and mediate a settlement and discuss the matter with the license holder," he told the board.
Capone's owner Judy Pescione interrupted her Florida vacation to attend last night's meeting.
"I really have nothing to say because I really don't know why I'm here," she said. "I don't know what the complaints are."
But, when asked by Christopher, Pescione said that the restaurant was amenable to mediation. The matter will be heard by Peabody Assistant City Solicitor Brian Barrett.
Sisters Family typically gets together on Friday nights. On Jan. 29, they chose to go to Capone's, which offers live music and charges a $5 cover on Fridays and Saturdays. It was the group's fourth or fifth trip to the restaurant, according to Bottoms.
They had always been allowed in, though someone from the restaurant expressed concern about club members' attire during one of the visits and members were also asked to use the men's bathroom, Bottoms claims.
However, on the night in question, eight members of Sisters Family, including one the state recognizes as female, were not allowed into Capone's, Bottoms has said.
Two men working the door between 10:30 and 11 p.m. asked that they show photo identification that matched their appearance, she alleges.
Last night, a half-hour before the meeting began, the conference room was filled with more than 25 supporters of Sisters Family, some traveling from as far away as Gardner.
"It's going to show a lot of people that we're willing to talk, that we're not out for blood," Bottoms said afterward about the choice to mediate. "Yes, we want our rights. But, at the same time, we're trying to show (Capone's) that there is room to negotiate and just basically get along."
As a condition of whatever agreement is reached, Sisters Family could ask that Capone's employees undergo gender-sensitivity training, Rice said.
"I'm not really sure right now what's going to happen. I'm just hoping that something mutual can be arranged," Bottoms said. "Nothing ever gets solved by hating one another."
Capone's has a good record, Licensing Board Chairman Minas Dakos said. It was caught last June selling alcohol to a minor. But its only violation prior to that was in 1995, he said.
The board will not have to hold a hearing on the complaint if an agreement can be reached during mediation.
"Hopefully," Dakos said, "that will happen."
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