(Headline USA) 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 — 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.
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.
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.
At least 19 states, including Idaho, already have laws barring transgender people from using bathrooms and changing rooms 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.
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.
Adapted from reporting by the Associated Press.
