Statutes regarding restroom use

May 8, 2016 12:15 PM

As a matter of curiosity, I reviewed the statutes in my state and learned that there is none that require that only men use men's restrooms and that only women use those marked for women. As far as I can tell, this is strictly a matter of custom. Did any of the states - before the current brouhaha began - impose this requirement as a matter of enacted law?

There are no doubt statutes or regulations directing that there be separate facilities for men and women, "family friendly" neutral facilities in certain locations, and the like, but I am interested in any that prohibit the use of identified facilities by those of the opposite sex.

posted by megatherium to Law & Government (2 answers total)

There are definitely city ordinances. IIRC, there was one in St Paul, MN that (I think) fell to a court challenge eventually. The "let's ban trans people from bathrooms!!!1!!!" thing is not new, it's just that the media has decided cis people should notice this time around. It's pretty usual for there to be no legislation commenting on usage of gendered public restrooms. That doesn't mean that bathrooms aren't still prime ground for harassing trans people in those places, though. (Having some kind of affirmative legislation that you can use the appropriate bathroom isn't a safeguard against harassment either (from members of the public, businesses or the police), it's just reassurance that a sufficiently high authority will know the law.)
posted by hoyland at 1:08 PM on May 8, 2016 [1 favorite]

Here's one from Houston:

City of Houston Ordinance Sec. 28-20

Entering Restrooms of the Opposite Sex:

It shall be unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to such person's sex without the permission of the owner, tenant, manager, lessee or other person in charge of the premises in a manner calculated to cause a disturbance.
posted by bradf at 6:11 PM on May 8, 2016