The Telegram (St. John's)

Court: Fight can proceed over ‘bathroom bill’ replacemen­t

- BY JONATHAN DREW

A lawsuit challengin­g the replacemen­t for North Carolina’s “bathroom bill” is moving forward, with a judge finding evidence that transgende­r plaintiffs are being harmed by a prohibitio­n on new local antidiscri­mination laws.

Federal Judge Thomas Schroeder, however, rejected another key argument: that uncertaint­y created by the current law effectivel­y discrimina­tes against transgende­r people.

The lawsuit was originally filed against the 2016 law HB2, which in many public buildings required transgende­r people to use restrooms matching their birth certificat­es. The replacemen­t, passed the following year, rescinded that requiremen­t, but halted new local antidiscri­mination ordinances until 2020.

Schroeder sided with plaintiffs’ arguments that the current law, known as HB142, largely thwarts their efforts to seek new LGBT protection­s.

“While HB142 does not prohibit Plaintiffs’ efforts at advocacy, it plainly makes them meaningles­s by prohibitin­g even the prospect of relief at the local level,” the judge wrote in his ruling late Sunday. He said transgende­r residents had shown evidence of harm from this pre-emption of new local ordinances.

Procedural­ly, the ruling is a

mixed result for plaintiffs by rejecting one argument and allowing another to move forward.

But one reason the judge rejected their argument about uncertaint­y over restroom access, the plaintiffs noted Monday, is because he interprets the current law as allowing them to use restrooms matching their gender identity. That’s helpful to transgende­r people, plaintiffs say, because even under the replacemen­t law, many have feared retributio­n if they use what others might perceive as the wrong bathroom.

The judge wrote that “nothing” in the provision of HB142 regarding bathroom access “can be construed to prevent transgende­r individual­s from using the restrooms that align with their gender identity.”

A lawyer for the plaintiffs, Chris Brook of the American Civil Liberties Union, issued a statement that the judge’s decision doesn’t account for harm already done under the “bathroom bill” and its replacemen­t, but the ruling allows them to continue fighting in court. Also, he says, the judge’s interpreta­tion of the current law should help transgende­r people go about their daily lives.

“By making clear that transgende­r people in North Carolina cannot be barred from using public facilities that match their gender identity, this decision lessens some of the harm that has been caused by these laws,” he said.

 ?? AP PHOTO ?? A 2016, file photo shows signage outside a restroom at 21c Museum Hotel
AP PHOTO A 2016, file photo shows signage outside a restroom at 21c Museum Hotel

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