Double negative included in addition to protections adopted last year could bar trans from using gender-specific restrooms
DAVID TAFFET | Staff Writer firstname.lastname@example.org
FORT WORTH — A double negative in one sentence of an addition to the nondiscrimination protections in the Fort Worth ordinance would enshrine one form of bias against transgenders.
Proposed Section 17-48 (b) says “It shall not be unlawful for any person or any employee or agent thereof to deny any person entry into any restroom, shower room, bathhouse or similar facility which has been designated for use by persons of the opposite sex.”
Fort Worth assistant attorney Gerald Pruitt confirmed that, as written, the clause allows anyone to deny a transgender person presenting as one sex entry into a restroom if that person has not completed transition.
The concern among members of the transgender community stems from an incident in which a transgender woman was arrested in Houston for using a women’s restroom in a public library.
Earlier this year, Mayor Annise Parker issued an executive order that prohibited that form of discrimination, allowing transgenders to use whichever restroom they feel is appropriate in any city facility. The library would have been included in Parker’s order.
The November arrest contradicted the order but the action was against earlier laws already on the books.
“We have a number of transgender employees in Fort Worth,” Pruitt said. “I have no knowledge of any action like this ever being taken.”
He said that a situation arose about five years ago when someone began transitioning on the job. Someone who had been male was suddenly presenting as female and began using the woman’s room, he said.
“I think that’s where most of the angst is,” he said, explaining that someone everyone knew as a man began using the women’s restroom.
Pruitt said that the solution that satisfied everyone was that a bathroom convenient to the trans woman’s office was designated as her private restroom.
But he denied that this particular clause was in reaction to the Houston case, which he said he had not heard about before. And he said that as far as he knew, the wording was correct.
Tom Anable at Fairness Fort Worth was concerned about that one clause. He wondered why, if something was described as “not unlawful,” it would have been listed under the heading “unlawful acts.”
“I have sent it to staff at [the Human Rights Campaign] to ask for input on this,” Anable said.
Lisa Thomas, appointed to Fort Worth’s Human Rights Commission by Councilmember Joel Burns, said she had been “made aware of this discrepancy.”
“I’ve asked the chair and administrator of the commission to investigate what is the intent of these words, knowing it is not the intent to bar admission to restrooms,” Thomas said.
She said that in all discussions in the city, the intent has been not to discriminate.
“But we have to make sure we are all in alignment and right now it doesn’t seem like we are,” she said.
Section 17-48 (a) (1) adds language that bars discrimination against transgender persons. “Sexual orientation, transgender, gender identity or gender expression” are added to race, color, religion, sex, national origin, disability and age as protected categories.
No “person, employee or agent” may deny anyone “advantages, facilities or services” that Section states. So section (a) (1) contradicts Section (b) since the second section does deny admission to facilities.
Section 17-48 (a) (2) makes it illegal to deny anyone admission or expel someone from a place of public accommodation “for alleged non-compliance with a dress code.”
Exemptions to the ordinance include any facility whose services are restricted to members and their guests, religious organizations, private day cares, kindergartens or nursery schools.
But that exemption applies equally to ability to discriminate based on race or religion as sexual orientation or gender identity.
Again, section (a) (2) contradicts Section (b) because admission is denied.
Violating any provision of the code is a misdemeanor. So presumably, any person discriminating against a transgender person by refusing to allow them to use a specific restroom would be charged with a misdemeanor.
The word “not” may have been placed in the sentence by mistake. If so, these additions have not been adopted yet and may be changed before the city council votes on them.
This article appeared in the Dallas Voice print edition December 17, 2010.