Studio 8 filed a claim of appeal Tuesday, August 11, in Grand Traverse County Circuit Court challenging the Michigan Civil Rights Commission’s July 27 ruling that the salon violated Michigan’s Elliott-Larsen Civil Rights Act over a 2023 Facebook post concerning transgender customers.

What happened?

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In July of 2023, Studio 8 made a statement on its Facebook page saying, “If a human identifies as anything other than a man/woman please seek services at a local pet groomer. You are not welcome at this salon. Period.” After that, complaints were filed with the MDCR. However, it took nearly three years for the MDCR to issue their opinion, finding a violation of civil rights for three complainants regarding the two-sentence Facebook post.

As Michigan News Source previously reported, the Commission ordered owner Christine Geiger to remove the posts, refrain from making similar statements, undergo civil rights training and pay attorney fees. The case was also referred to state licensing officials for possible action against the salon’s cosmetology license.

Studio 8: This is about speech, not service.

The appeal argues that none of the three people who filed complaints were Studio 8 customers, had ever been denied service by the salon or were specifically named in the Facebook post. Studio 8 maintains the case therefore concerns protected speech rather than discriminatory conduct.

Attorney David Delaney also argues Studio 8 was improperly denied a jury trial during the administrative proceedings and challenges the constitutionality of Michigan’s administrative process, citing First Amendment protections and separation-of-powers concerns.

The filing asks Circuit Court Judge Kevin Elsenheimer to set aside the Commission’s ruling, declare Studio 8 entitled to free-speech and religious-liberty protections and a jury trial, and send the case back for further proceedings. It also seeks costs and attorney fees.

The new appeal is separate from Studio 8’s already-pending Michigan Court of Appeals case stemming from the dismissal of its earlier constitutional lawsuit.