What are our bathroom rights Houston
December 16, 2018 5:42 PM   Subscribe

I'm gender transitioning( Mtf). legally speaking, I still count as a male. My girlfriend is handicapped. We live in Houston. What are my rights to use a bathroom of choice by myself? What are her rights to have me in her bathroom of choice since she needs assistance?

Thank you.
posted by Jacen to Law & Government (2 answers total)
 
There's no Texas or Federal law that would protect you using a women's room alone, so it's down to the city. And unfortunately, since the referendum on HERO failed, there isn't a city law that covers it either.

So no, no have no legal right to use a women's bathroom alone in Houston.

That doesn't mean you can't use one. It just means that if someone tries to stop you, you can't take them to court over it.

(I don't know if accompanying a handicapped cis woman changes things. Hopefully someone else can weigh in on that.)
posted by nebulawindphone at 5:59 PM on December 16, 2018 [1 favorite]


Nebulawindphone has this - there's no specific law that says you are or are not protected to use the restroom of your identified gender in Houston. If you're worried about being challenged, Refuge is an app that rates public bathrooms by safety for trans folk and allows you to sort by unisex/handicap accessible. Haven't used it myself, but it might be worth poking around their database if knowing what the picture is in certain buildings/areas would give you peace of mind before going someplace new.

After a little poking around in ADA Title III, my NOT A LAWYER UNPROFESSIONAL OPINION is that if your girlfriend needs your assistance in the bathroom in order to have "the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation," then it's a good bet that that is a protected accommodation. In fact, I know caretakers who will cite this if challenged (usually taking older children who require assistance into the bathroom where someone reads a gender mismatch on the child). BUT in the case that someone doesn't back down, the language in the title is long on bathroom measurements and short on actually defining rights. Disability Rights Texas might be able to talk to you about this in greater detail - I know they were out in force against the hateful bathroom bill last legislative session.

Stay safe and take care!
posted by theweasel at 9:13 AM on December 17, 2018 [1 favorite]


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