Texas city approves transgender bathroom ban

The city council of Odessa, Texas voted this week to approve a ban on transgender individuals’ use of bathrooms on city property that do not correspond with their sex assigned at birth.

Tuesday’s 5-2 vote amends a 1989 ordinance that made it “unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to his or her own…” The new amendments will expand the language to allow prosecution of transgender people for using bathrooms that align with their personal gender identification. Penalties include trespassing charges, fines, and liability for damages, including court costs and legal fees.

Restrooms in city libraries, parks, airports, and other government facilities are subject to the ban under the new language which includes, urinals, toilets, showers, and changing areas in the definition of restroom.

The Texas chapter of the American Civil Liberties Union condemned the new ordinance, calling it “shameful” while a spokesperson from PFLAG, an LGBTQ+ advocacy group, called the legislation “unnecessary” and “a complete waste of the city’s time, money, and resources.”

Texas Values president Jonathan Saenz who advocated for the bill insisted that the ordinance was needed align the language of the ordinance with “our current culture” while denouncing changes toward “long held beliefs” on gender and sex.

The bill includes exceptions for minors under the age of 12 accompanying an adult into a restroom for normal use, law enforcement, emergency medical aid, and custodial maintenance or repair.

Transgender rights have faced increasing restrictions in the Lone Star state with the Texas Supreme Court recently upholding a ban on gender affirming care for transgender youth. There are now fears that the Odessa bill could presage a statewide ban on the transgender people’s use of restrooms that align with their gender identity.