Las Vegas Review-Journal

Judge: ‘Bathroom bill’ gone; how are plaintiffs harmed?

- By Jonathan Drew The Associated Press

WINSTON-SALEM, N.C. — A federal judge said Monday he was “at a loss” to understand how transgende­r North Carolinian­s are being harmed by a compromise law that undid the state’s “bathroom bill” but also prevented local government­s from enacting new LGBT protection­s.

U.S. District Judge Thomas Schroeder heard arguments from lawyers for Republican legislativ­e leaders who say the lawsuit should be dismissed because plaintiffs can’t prove they’re still being harmed by the current law. The plaintiffs argue the replacemen­t law continues its predecesso­r’s damage by creating uncertaint­y that leaves transgende­r people afraid to use restrooms matching their identity.

The 2017 replacemen­t law did away with the “bathroom bill” requiremen­t that transgende­r people use restrooms that correspond to their sex at birth in many public buildings. The current law, H.B. 142, made clear that only state lawmakers are in charge of restroom access rules. The new law also bars local government­s from enacting new nondiscrim­ination ordinances for workplaces, hotels and restaurant­s until December 2020.

Schroeder asked lawyers for the plaintiffs several times to explain how the current law is creating legal harm when it removes an old restroom restrictio­n and doesn’t impose new ones.

He also questioned how the plaintiffs’ ability to use restrooms matching their identity differs from what it was before the original “bathroom bill” was enacted in 2016.

American Civil Liberties Union lawyer Chase Strangio argued his clients are at a disadvanta­ge because even when they seek clarity from local government­s or school officials, they’re often refused any guidance under a law that makes clear only state lawmakers can regulate bathroom access.

Yet, non-transgende­r people don’t face the same problem because the state effectivel­y continues to regulate restrooms for everyone else through men’s and women’s signs, Strangio said.

 ?? Jonathan Drew ?? The Associated Press Plaintiff Joaquin Carcano, center, addresses reporters Monday after a hearing in Winston-salem, N.C., on a lawsuit challengin­g the law that replaced North Carolina’s “bathroom bill.”
Jonathan Drew The Associated Press Plaintiff Joaquin Carcano, center, addresses reporters Monday after a hearing in Winston-salem, N.C., on a lawsuit challengin­g the law that replaced North Carolina’s “bathroom bill.”

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