Page 1 of 4 123 ... LastLast
Results 1 to 25 of 89

Thread: Enforcement

  1. #1
    Gold Member NicoleScott's Avatar
    Join Date
    Mar 2008
    Location
    Mississippi
    Posts
    5,000

    Enforcement

    This is for anyone to answer, but if you do, please stick to my question and don't get into politics, religion, haters, bigots, backlash, etc. concerning "bathroom bills".

    The setup: a state passes a law requiring people to use restrooms consistent with their birth sex.

    Question: is it really enforceable? How?And who does the enforcing?
    Have you heard or read (in the law or media) about the enforcement mechanism?

  2. #2
    Exploring NEPA now Cheryl T's Avatar
    Join Date
    Feb 2006
    Location
    Northeast Pa near NJ and NY
    Posts
    10,489
    The enforcement would most likely result from a complaint by someone in the restroom that is that biological sex and subsequent security involvement. There will never be a "bathroom police", that would be too costly.
    I don't wear women's clothes, I wear MY clothes !

  3. #3
    Rachel Rachelakld's Avatar
    Join Date
    Jan 2013
    Location
    New Zealand
    Posts
    4,458
    No idea, but if you have a sticker in your bag that declares it an ALL GENDER bathroom, and you stick it over the normal sign when no one was watching, surely that would make it okay?

    Gender-neutral-bathroom-sign-620x320.jpg
    See all my photos, read many stories of my outings and my early days at
    http://rachelsauckland.blogspot.co.nz

  4. #4
    Silver Member Amy Lynn3's Avatar
    Join Date
    Aug 2007
    Location
    North Carolina
    Posts
    2,162
    I am of the opinion it would be enforced on a complaint basis. Maybe even if someone is lurking near a restroom, they may get checked out by security. Even after the HB2 was adopted here in NC I think it will be business as usual. If you were presenting as the opposite sex and used that restroom, and did not cause a stir I feel you would be fine.

  5. #5
    Adventuress Kate Simmons's Avatar
    Join Date
    Apr 2006
    Location
    The Poconos PA
    Posts
    18,971
    I've not heard of any mechanism for enforcement. As Cheryl said the "potty police" would be too costly. Most likely someone would have to rat on you and file a complaint if they want to go that far.
    Second star to the right and straight on till morning

  6. #6
    Transgender Person Pat's Avatar
    Join Date
    May 2014
    Location
    Boston Area
    Posts
    4,099
    I read an article that said the North Carolina law contains neither enforcement guidelines nor does it specify penalties -- I understand the police and universities are still trying to figure out what to do about it. I don't know about the other laws. It seems like in many cases the legislative action was to roll back regulations that allowed transgender people to use their bathroom of choice and didn't really replace them with anything.

    (It'll be fun seeing how long this thread lasts.)

  7. #7
    MIDI warrior princess Amy Fakley's Avatar
    Join Date
    Jul 2012
    Location
    The South
    Posts
    2,047
    Well it's not meant to be enforced ... It's just there so when someone decides to make a stink, that the mall police have a reason to call the real police, and that the real police now have a justifiable reason to take you into custody.

    Legalized harassment in other words. Just to make sure we know we're not welcome.
    Also all the political stuff, which is the real impetus of course.
    "Why shouldn't art be pretty? There are enough unpleasant things in the world." -Pierre-Auguste Renoir

  8. #8
    Silver Member
    Join Date
    Jun 2009
    Posts
    2,048
    Just going to the bathroom at the mall not so much to worry about.

    But say you have a job and the employer knows you transitioned.
    Or you are in school and they know what your birth certificate says.
    Or you use a gym where they know you transitioned.

    Then it become a bit terrifying to think about.

  9. #9
    Banned Read only
    Join Date
    Sep 2009
    Location
    "Upstate" NY USA.... Site of the first crash of the "Vin Fiz"
    Posts
    2,836
    if you hassle someone is a public rest room, it has alwyas been against the laws.

    The new laws are just more fear mongering aimed at painting TS/TG people as people who should be feared.
    It's blatant pandering to homophones.
    As pointed out there is no way to enforce such laws.

  10. #10
    Silver Member
    Join Date
    Jun 2009
    Posts
    2,048
    As pointed out there is no way to enforce such laws.
    Tell that to the transitioned women who are forced to use the men's room at work. Now there is law on the employers side.

  11. #11
    its important mykell's Avatar
    Join Date
    Nov 2013
    Location
    jer-sea shore
    Posts
    4,112
    lets say your red as a CD, squealed on and cited do you now have to register as a sex offender because if your cited youd be guilty for not having the correct part #,
    id like to see it enforced and what consequently happens after but i would not wish to be that person, in my state they had cases where folks who simply could not hold it and got caught relieving themselves outside and cited for urinating in public had to register for the sex offender list, the way it is written lawyers are gonna have a field day with this....it just wont stand the test of time, but anyone who gets caught in its wake i feel for you....
    ....Mykell
    i dressed like a girl and i liked it! crossdressing...theirs an app for that

  12. #12
    Silver Member
    Join Date
    Aug 2009
    Posts
    2,331
    There is no enforcement mechanism or penalties associated with the NC bathroom law. If a complaint was made to a police department, and if the police department responded to the complaint, and if the reported "offending" person is still in the "wrong" bathroom, there is no requirement to arrest or issue a summons.

    I think this is the NC statute. Read it for yourself: http://www.ncleg.net/Sessions/2015E2...e/PDF/H2v0.pdf
    Last edited by heatherdress; 04-22-2016 at 04:09 PM.

  13. #13
    Gold Member Read only Rachael Leigh's Avatar
    Join Date
    Sep 2013
    Location
    Dallas Ft Worth metro
    Posts
    5,589
    I believe it will be very difficult to enforce but as have been said it's going to require someone to complain. I'm waiting for two things someone to complain that a man brought his young daughter into the bathroom with him, we know it happens and the first time a guy who's dressed as a women complys with the law and goes into the men's room and gets the crap beat out of him. Can you say lawsuit NC . This stuff is all so crazy

  14. #14
    Silver Member
    Join Date
    Aug 2009
    Posts
    2,331
    Let's not ignore that the recent restrictive NC bathroom law was a foolish reaction to Charlotte's transgender protection bathroom law which was also impossible to enforce. Because you simply pass a law, are you really going to be safer or more accepted? Bathroom laws generate a lot of ill will and accomplish little.

  15. #15
    Banned Spammer
    Join Date
    Aug 2008
    Location
    Between here and there but mostly here close to the donuts.
    Posts
    22,257
    I spoke with a security guy at a Walmart and he said they have been told not to do anything at this point as far as he knows in N.C.
    Here in Ky he said the cost to hire more security isn't the problem its more of a problem denying a persons civil rights.
    He did mention since all this came to light not one GG has complained.
    I asked him if he personally cared or if there was a store policy against trans people using the room they identified with and he said no of course not.

  16. #16
    Banned Read only
    Join Date
    Feb 2013
    Posts
    3,912
    Short answer: enforcement of such laws would be largely based on vigilantism by cisgender people in or around the restroom.

    My opinion, based on talking to my fiancé, who is a licensed police officer, is that a law enforcement action is unlikely. It's more likely to be enforced by your fellow citizens. It would have to go down like this:
    1. Someone calls to complain
    2. The police show up and somehow the trans person is still in the bathroom (most of us would leave once people start harassing us.)
    3. They ask to see the person's ID
    4. If the ID isn't consistent with the restroom they are in, they are asked to leave, ticketed, or arrested depending on the law in force at that time, until they provide their birth certificate, or whatever documentation is required by law to establish their birth sex. If their ID is consistent with the restroom they are in, nothing happens, because there would be no evidence they aren't who they say they are.

    The reality is that unless this were a high level misdemeanor, the police would be unlikely to take any official action, and if they did anything, it would be to ask the trans person to leave the restroom. They would only be likely to show up in such a situation if they were already at the location by coincidence, or there were reports of a more serious disturbance or altercation.

    So unless you are unlucky, it's probable the worst case in terms of law enforcement is you are asked to leave. You are likely to be humiliated by the whole thing.

    The more likely enforcement mechanism is you are embarrassed, harangued, and possibly assaulted by one of the other occupants of the restroom, or someone just outside of it. This is MUCH more likely, and a whole lot more dangerous. This might also the be "more serious disturbance or altercation" I mentioned above - the trans person getting the hell beaten out of them by other occupants of the restroom.

    On a happy fun note - these types of assaults on trans people by others in the restroom happen quite frequently. Even in places where there are laws protecting the trans person's right to be in the restroom. When the law says we don't have a right to be in those places, it is more or less saying "open season on trans people in restrooms." This is reinforced in versions of these laws by offering a bounty or reward for turning in a trans person who is using a restroom not corresponding to their birth sex.
    Last edited by PaulaQ; 04-22-2016 at 04:40 PM.

  17. #17
    This Time Around Lauri K's Avatar
    Join Date
    Sep 2014
    Location
    Houston Texas
    Posts
    681
    Quote Originally Posted by Tracii G View Post
    He did mention since all this came to light not one GG has complained
    Exactly because using the bathroom you identify with has never been a problem in the first place.

    Public Facilities- Laws are basically not enforceable.

    Private Owned Facilities i.e. small office less than say 25 employees- varies state to state but likely these will be sticky wickets to deal with.

    Texas allows the building owner to create their own policies if they so desire to, reason I know this is that there is a C-Store that has posted a sign on the Women's room door saying NO MEN ALLOWED IN WOMEN'S ROOM. (Didn't slow Lauri down, I went on in and and guess what no problems, the clerk even thanked me on my way out of the store and I did not purchase anything) Technically I broke the law, but short of someone complaining, the law getting called, it's all just noise they are making about nothing.
    Way too Girly ! I couldn't smell the smoke, and now I'll watch the flames

    Out on Parole ......Woo Hoo

  18. #18
    Aspiring Member Leelou's Avatar
    Join Date
    Feb 2009
    Location
    Spokanistan
    Posts
    513
    Quote Originally Posted by Tracii G View Post
    I spoke with a security guy at a Walmart and he said they have been told not to do anything at this point as far as he knows in N.C.
    I think that hits the nail on the head. No retailer is going to want the legal headache involved with this. I predict that if someone complains to security, it will be handled quietly.

  19. #19
    New Member FrancescaDienes's Avatar
    Join Date
    Jan 2016
    Posts
    18
    I have a question that's a little out of left field, how does this legislation effect cleaning staff? I used to have a job as a cleaner on a caravan park and never had any issues with regard to cleaning the ladies restrooms, though I did have the standard policy of knocking on the door before I went in and left a sign outside saying "male cleaner inside". Will cleaning staff have to abide by their birth gender when it comes to their job? What about law enforcement for that matter? It would seem an odd irony sending male law enforcement officers into female toilets to arrest a someone with a different birth sex. I find it funny that some European countries have unisex toilets, it makes me wonder if there is legislation that specifies the requirement for separate facilities for men and women.

  20. #20
    Silver Member
    Join Date
    Aug 2009
    Posts
    2,331
    Francesca - Bathroom laws that exist provide for cleaning, helping someone who needs assistance, maintenance and emergencies.
    Last edited by Lorileah; 04-22-2016 at 10:26 PM. Reason: no need to quote post above yours

  21. #21
    Silver Member I Am Paula's Avatar
    Join Date
    Aug 2012
    Location
    Ontario Canada
    Posts
    3,753
    It will be enforced by women's big, protective husbands outside the washroom.
    I assure you every encounter like this will end badly.

  22. #22
    Banned Spammer
    Join Date
    Aug 2008
    Location
    Between here and there but mostly here close to the donuts.
    Posts
    22,257
    If some lady assaults me in a ladies room thats an assault charge I will get away from her call the store security and file charges.
    If its some male watching a ladies room with intent to harm me out of some sick twisted idea he has in his head I have no problem dealing with him at all.
    What a lot of these bubbas think is we are sissies if I have to use a word for it and forget we are still guys and still able to stomp a mud hole in somebody.
    Thats why I really don't worry too much about some guys because they can rarely back up their big mouths.
    Last edited by Sandra; 04-23-2016 at 09:55 AM. Reason: Post referred to has been removed

  23. #23
    Banned Read only
    Join Date
    Feb 2016
    Location
    Los Angeles, California
    Posts
    246
    Its only enforceable with a complaint and the other issue is if you are Stealth you won't get a complaint unless you show your privates are do something that attracts attention. I know of stealth CD's and TS that do not cause any attention but if you look like a man in a dress and a wig you will likely get cited are and a complaint.
    Its unforunate that looks will dictate this but its real.

  24. #24
    Banned Read only
    Join Date
    Dec 2013
    Location
    UK
    Posts
    13,082
    Nicole,
    I can't see it being enforceable , UK police don't have the resources , I'm sure US police are the same. The problem is if someone does make a fuss and makes a call, I would still think most people will ignore it as a stupid rule. Some people play safe and use the disabled facility which has to be unisex, so will you be breaking any laws then ?

  25. #25
    Banned Read only
    Join Date
    Feb 2016
    Location
    Los Angeles, California
    Posts
    246

    depends

    I have seen people arrested for using the restroom.
    Depends on call priority of the police.
    In west Hollywood the police won't enforce that but it certain areas and places its strictly enforced.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  


Check out these other hot web properties:
Catholic Personals | Jewish Personals | Millionaire Personals | Unsigned Artists | Crossdressing Relationship
BBW Personals | Latino Personals | Black Personals | Crossdresser Chat | Crossdressing QA
Biker Personals | CD Relationship | Crossdressing Dating | FTM Relationship | Dating | TG Relationship


The crossdressing community is one that needs to stick together and continue to be there for each other for whatever one needs.
We are always trying to improve the forum to better serve the crossdresser in all of us.

Browse Crossdressers By State