MP Threatens Legal Action Over Cancelled Show

MP Threatens Legal Action Over Cancelled Show
Joanna Cherry speaks at the For Women Scotland and the Scottish Feminist Network demonstration outside the Scottish Parliament in Edinburgh, ahead of the vote on the Gender Recognition Reform (Scotland) Bill on Dec. 21, 2022. PA Media
Patricia Devlin
Updated:

MP Joanna Cherry has threatened to sue a comedy club after it cancelled the Edinburgh Festival Fringe show she was set to appear in because of her views on trans rights.

Lawyers acting for the Scottish National Party (SNP) politician wrote to The Stand Comedy Club demanding the venue issue a statement acknowledging it “has acted unlawfully by discriminating against our client.”

The legal letter, posted in full on Twitter by Cherry on Monday, also ordered the venue to apologise and reinstate the August event.

If agreed—and carried out within seven days—the politician would “waive any claim for damages (including for defamation) and legal costs,” the legal correspondence stated.

The club had been set to host an event in which the MP was to be interviewed, as part of a series of “In Conversation With” shows.

But in a statement issued on May 1, The Stand said that “key operational staff” had raised concerns about the MP’s views and made clear they did not want to work at the event.

Just weeks before, the venue had defended the booking of Cherry for the event, stating it “did not endorse or support the views” of any participant in the “In Conversation With” series.

A spokesperson said, “Whilst we may disagree with a particular viewpoint, we believe that people should have the right to express views that others might find controversial or strongly disagree with, providing this is done within the law and does not violate our code of conduct.”

The club noted that some staff had expressed concern over the event and their views would be “respected.”

However, in The Stand’s latest statement, the venue said, “We will not compel our staff to work on this event and so have concluded the event is unable to proceed on a properly staffed, safe and legally compliant basis.”

‘Not About Money’

The SNP politician, who is also a lesbian, is a vocal critic of her party’s plans to allow Scots to change their legal sex by signing a declaration.

Solicitor David McKee, acting on behalf of Cherry, stated in the letter that it “was evident that the concerns of staff related to our client’s views and statements on transgender issues.”

The Stand has been given a week to respond to Cherry before proceedings are lodged at Edinburgh Sheriff Court.

Cherry also released a legal opinion from human rights lawyer Aidan O’Neill, KC stating that he believes the “only conclusion” was that the politician had been discriminated against because of her “philosophical belief.”

Tommy Sheppard, also an SNP MP, who holds a majority stake in The Stand, had helped arrange the event.

Tommy Sheppard, Scottish National Party member of Parliament for Edinburgh East, speaks after winning the seat at the Meadowbank Sports Centre counting centre in Edinburgh, early in the morning of June 9, 2017. (Lesley Martin/AFP via Getty Images)
Tommy Sheppard, Scottish National Party member of Parliament for Edinburgh East, speaks after winning the seat at the Meadowbank Sports Centre counting centre in Edinburgh, early in the morning of June 9, 2017. Lesley Martin/AFP via Getty Images

The Stand Comedy Club has been approached for comment.

Speaking on Monday, Cherry said the decision to initiate legal proceedings was “not about money.”

“My primary goal is to have the actions of The Stand acknowledged as unlawful and to ensure the event proceeds,” she said.

“I have asked The Stand to apologise too. If they don’t agree with my reasonable requests, I intend to ask the court to decide on the issue.

“I hope that my actions in defending myself will give courage to everyone particularly women who wish to express views on legitimate issues of public interest.

“That, after all, is the very job of a politician and one of the reasons I entered politics in the first place.”

Cherry—a king’s counsel—said the decision by The Stand to cancel her appearance was “symptomatic of a wider problem in our society.”

“I am very concerned that those who hold perfectly legitimate views on a variety of issues, including women like me, are regularly being misrepresented, de-platformed and, in some cases, facing damage to or the loss of our livelihoods,” she said.

“This is often accompanied by online abuse and threats.”

Leader of the Scottish National Party in the House of Commons Stephen Flynn poses for a portrait in the Houses of Parliament in London on Jan. 24, 2023. (Leon Neal/Getty Images)
Leader of the Scottish National Party in the House of Commons Stephen Flynn poses for a portrait in the Houses of Parliament in London on Jan. 24, 2023. Leon Neal/Getty Images

‘Defend Her Right to Be Heard’

Speaking on BBC Radio Scotland’s “Good Morning Scotland” programme on Tuesday, Stephen Flynn, leader of the SNP at Westminster, was asked whether he supports his colleague’s legal threats.

He said, “As a point of principle, I don’t agree with Joanna on this wider topic but I would defend her right to be able to ensure that her voice is heard and hopefully a compromised position can be found.”

Asked whether he would be making that point to fellow SNP MP Tommy Sheppard, who sits on the board of directors at The Stand, Flynn replied, “It’s not my position to delve into an issue directly relating to a business and indeed who they want to come speak to them.”

Speaking in Parliament last month, Cherry called for a debate on preventing “lesbian erasure” and the “intimidation of lesbians in our civic life.”

Her comments followed Edinburgh University cancelling the screening of a documentary that asserts women are defined solely by their biological sex.

“Adult Human Female” was set to be shown to an audience at the university after a previous event was cancelled owing to protests.

The December event was rescheduled for April 27, however trans rights protesters blockaded the film venue’s entrance forcing the university to cancel the screening over safety fears.

PA Media contributed to this report.
Patricia Devlin
Patricia Devlin
Author
Patricia is an award winning journalist based in Ireland. She specializes in investigations and giving victims of crime, abuse, and corruption a voice.
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