Six transgender residents sue Idaho over strict new bathroom ban

BOISE, Idaho (AP) — Six transgender people Idaho residents are suing the state in federal court and asking a federal judge for an explanation strict new bathroom ban unconstitutional.

The law, which came into force in July, constitutes the country’s strictest bathroom ban and forces people to use the toilet. time behind bars If they knowingly enter a bathroom, locker room, or locker area that does not match their gender assigned at birth — even if the bathroom is owned by a private business. Violators can be charged with a misdemeanor and sentenced to up to one year in prison for a first offense or up to five years in prison for a second offense.

Plaintiffs, represented by the American Civil Liberties Union and Lambda Legal, say the law forces them to either stay home or risk harassment, assault or arrest when using public restrooms.

“I enjoy life as a man and using the men’s room has never been that big of a deal,” Diego Fable, one of the plaintiffs, said in a news release. “But this law would force me to use women’s facilities, and doing so would only invite doubts, questions, and doubts. Every time I left my home, I would have to face difficult choices: Do I know the restroom availability when I go out to eat with friends? Do I know the restrooms are available when I go to public parks to bird watch? What do I do when I’m at work all day?”

Republican Sen. Ben Toews, one of the bill’s sponsors behind the legislation, said in March that the legislation was needed to protect women and children. He suggested that transgender people could easily find and use a single room. gender – neutral toilet if they want.

Few gender-neutral toilets available

But in the lawsuit, Fable said workplace single restrooms, local grocery stores and some restaurants, conference centers and gas stations are multi-gender facilities. According to the lawsuit, other people also perceived Fable as a man, and Fable was concerned that she would be subjected to violence if she entered the women’s restroom under the new law.

“Ultimately complying with this law would be extremely isolating,” Fable said. “The only truly safe option possible is to stay home or leave the state entirely, leaving my dear friends and community behind.”

Other plaintiffs expressed similar concerns. Peter Poe is a bearded transgender man and said using the women’s restroom would be uncomfortable. Amelia Milette, a transgender woman, says her job requires her to assist clients in their offices, and many of those offices do not have gender-neutral restrooms. He said that if the law comes into effect, he will have to limit his food and liquid consumption to reduce the need to use the toilet in public places.

At least 19 states, including Idaho, already have laws banning transgender people from using gender-appropriate bathrooms and locker rooms in schools and, in some cases, other public places. LGBTQ+ The advocacy organization Project to Advance the Movement monitors the laws, though three other states (Florida, in kansas and Utah – have made violating restroom laws a criminal offense in some cases.

Idaho law applies broadly to private businesses

But none of the others apply to private businesses as broadly as the Idaho law, which covers “places of public accommodation,” meaning any business or facility that serves the public. The legislation includes nine exceptions for situations such as doing cleaning work, responding to emergencies, helping children or when someone has an “urgent need” to use the toilet.

Plaintiffs say the ban would cause emotional harm, increase gender dysphoria, and lead to medical problems such as kidney and urinary tract infections caused by being forced to avoid using the restroom. They argue that the law is overly vague, discriminates based on gender and transgender status, and violates their constitutional right to privacy because it would force them to disclose their transgender status.

“This law is a dangerous and discriminatory effort to exclude transgender people from public life,” said Barbara Schwabauer, senior attorney for the ACLU’s LGBTQ and HIV Rights Project.

Schwabauer said they would work to block the law completely. “If you can’t use the toilet at work, you can’t go to work. If you can’t use the toilet at school, you can’t go to school,” he said.

Attorney General Raúl Labrador is named as a defendant in the case, along with several district attorneys.

“We look forward to defending the law,” Labrador’s office said in an email to The Associated Press.