BOISE, Idaho – Six transgender Idaho residents are suing the state in federal court, asking a federal judge to declare a strict new bathroom ban unconstitutional.
The law, which goes into effect in July, is the strictest bathroom ban in the nation, subjecting people to time behind bars if they knowingly enter a bathroom, locker room or changing area that does not correspond with their sex assigned at birth — even if the bathroom is in a privately owned business. Violators could be charged with a misdemeanor and sentenced to a year in jail for a first offense, or a felony with up to five years in prison for a second offense.
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The plaintiffs, represented by the American Civil Liberties Union and Lambda Legal, say the law forces them to either stay at home or risk harassment, assault or arrest when using public restrooms.
“I’ve been enjoying life as a man and using the men’s restrooms hasn’t been a big deal,” Diego Fable, one of the plaintiffs, said in a news release. “But this law would force me to use the women’s facilities, and doing so would only invite suspicion, questions, and raised eyebrows. I would have to face tough choices every time I leave my home: Do I know the restroom situation when I go out to eat with my friends? Do I know the restrooms available when I go to public parks to go birding? What do I do while I’m at work all day?”
Republican Sen. Ben Toews, one of the sponsors of the legislation behind the law, said in March that the law was needed to protect women and children. He suggested that transgender people could simply find and use a single-occupancy gender -neutral restroom if they wanted.
Few gender-neutral restrooms available
But in the lawsuit, Fable said the only restrooms available at his work, local grocery stores and some restaurants, conference centers and gas stations are multi-occupancy gendered facilities. Other people also perceive Fable as a man, according to the lawsuit — and he is worried he will face violence if he goes into a women's restroom facility as required by the new law.
“Ultimately, complying with this law would be extremely isolating,” Fable said. "The only safe option truly available is to just stay home –- or leave the state entirely, leaving my treasured friends and community behind.”
The other plaintiffs expressed similar concerns. Peter Poe is a transgender man with a beard, and said using a women's restroom would be disruptive. Amelia Milette, a transgender woman, says her job requires her to assist clients at their own offices, and most of those offices only do not have gender-neutral restrooms. She said she will have to limit her food and liquid consumption to reduce the need to use the restroom in public places if the law goes into effect.
At least 19 states, including Idaho, already have laws barring transgender people from using bathrooms and changing rooms that align with their gender in schools and, in some cases, other public places. The LGBTQ+ advocacy organization Movement Advancement Project’s tracking of the laws shows that three other states — Florida, Kansas and Utah — have made it a criminal offense in some circumstances to violate the bathroom laws.
Idaho's law applies broadly to private businesses
But none of the others apply as broadly to private businesses as the Idaho law, which covers any “place of public accommodation,” meaning any business or facility that serves the public. The legislation includes nine exceptions for situations like performing janitorial work, responding to emergencies, helping children or cases when someone has “dire need” of a restroom.
The plaintiffs say the ban will cause emotional harm, exacerbate gender dysphoria and could lead to medical problems like kidney and urinary tract infections caused by being forced to avoid using restrooms. They contend the law is overly vague, that it discriminates based on sex and transgender status, and that it violates their constitutional right to privacy because it will force them to disclose their transgender status.
“This law is a dangerous and discriminatory effort to push transgender people out of public life,” said Barbara Schwabauer, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project.
Schwabauer said they would try to have the law completely blocked. “If you cannot use the restroom at work, you cannot go to work. If you cannot use the restroom at school, you cannot go to school," she said.
Attorney General Raúl Labrador is named as a defendant in the case along with multiple county prosecutors.
“We look forward to defending the law,” Labrador’s office said in an email to The Associated Press.