A non-binary actor has filed a lawsuit against a popular New York City hotel after a security guard allegedly accosted them, before questioning their presence and 'forcibly removing' them from a women's restroom.
Wesley Han, 30, filed the complaint against the SoHo Grand Hotel on Wednesday, alleging that the establishment was discriminatory, violated their civil rights and acted negligently, according to the suit.
Han's lawyers wrote that the incident occurred on March 5, while the actor was attending a private party.
Han, who uses they/them pronouns, boasts an impressive resume, appearing in the hit Netflix series, Russian Doll, alongside Natasha Lyonne and Greta Lee.
They also have credits in Awkwafina is Nora from Queens, Paranormal Activity: Next of Kin and Power Book II: Ghost, a spinoff of the hit show, Power.
'What was supposed to be a fun and memorable evening instead turned into a deeply humiliating and distressing ordeal,' the lawsuit states.
Han wore women's slacks, heels, earrings, a purse and a Dion Lee blazer to the party. Their lawyers described the outfit as 'an elegant, unmistakably feminine-coded outfit that reflected Wesley’s style, identity, and confidence.'
Han prefers to use the women's restroom when they are dressed femininely to avoid harassment or discomfort in the men's, according to the lawsuit.
Wesley Han, pictured above in a social media post last July, has sued a New York City hotel after they were allegedly discriminated against for using the women's restroom
The lawsuit was filed against the upscale SoHo Grand Hotel. Pictured above are guests at an event on May 14, 2024
Han has appeared in the Netflix series, The Russian Doll, and the spinoff to the hit show, Power. They are pictured above in a scene from Power Book II: Ghost
'To Wesley’s knowledge, there had never been a single instance in their life in which cisgender women were upset, uncomfortable, or objected to Wesley’s presence in a women’s restroom. This time was no exception,' the lawsuit continued.
However, while Han was in a stall, a security guard allegedly questioned women if they saw 'a man enter.'
Han's lawyers said the women responded that they had not seen a man and did not appear uncomfortable.
The security guard then instructed Han to leave the stall, allegedly humiliating them and denying them the opportunity to wash their hands, the lawsuit claims.
'Wesley was treated as though they were dangerous, predatory, or sexually deviant simply for using the restroom that corresponded with their gender expression and presentation that evening,' the lawsuit said.
'For the remainder of the event, Wesley felt pressured and obligated to use the men’s restroom, despite their presentation, identity, comfort, and past experience.'
Han's attorneys have argued that the SoHo Grand Hotel violated the New York State Human Rights Law. The law prohibits discrimination based on gender identity or expression.
They also argued that the SoHo Grand Hotel was negligent in its hiring, retention, training and supervision of security personnel.
Wesley Han has appeared in the Russian Doll, pictured above, Awkwafina is Nora from Queens, Paranormal Activity: Next of Kin and Power Book II: Ghost
The lawsuit alleged a security guard at the SoHo Grand Hotel, pictured above, accosted Han and forced them to leave the restroom
Han told The Independent that they have never had a similar incident when using public restrooms.
They said they generally have a more positive experience in the women's restroom, while men sometimes 'react to me as one would a very large spider: with fear, and an impulsive desire to flatten me.'
The actor reflected on their experience at SoHo Grand, telling the outlet: 'I could feel the blood draining from my face instantly because I knew he could only be talking about me, but on the other hand, there was some small absurd part of me that didn’t believe this could be happening.
'This was New York City – if there’s anywhere in the world where you can pee in peace, surely it was here?'
Debate around trans and nonbinary people using public restrooms has sparked legislation in 21 states banning individuals from using the bathroom that correlates with their gender identity.
According to a study conducted by the Movement Advancement Project, bathroom bans can often increase harassment and violence, especially toward people who do not conform to 'traditional ideas of femininity.'
The SoHo Grand released a statement that said they 'have always been a safe space for the LGBTQIA+ community.' A photo of the hotel's bar is pictured above
Han, pictured above in a social media post shared in 2023, said they felt pressured to use the men's restroom at the event
The Liberty Hotel in Boston was forced to donate $10,000 to charity after a security guard barreled into a public restroom and demanded a woman named Ansley Baker leave.
The Massachusetts Commission Against Discrimination submitted a complaint against the hotel, and a settlement was reached in November.
SoHo Grand has not yet responded to the lawsuit. A representative said in a statement to the Daily Mail that they could not comment on pending litigation.
'We are committed to full compliance with all federal, state and city non-discrimination laws, including those protecting individuals on the basis of gender and sexual orientation, and we have always been a safe space for the LGBTQIA+ community since our inception,' the statement added.
The Daily Mail has reached out to Han and their legal representation for additional comment.