Charlotte Bathroom ordinance NC HB2 fact vs fiction, North Carolina laws derived from established science not feelings, Charlotte ordinance number 7056 allowed transgenders to use bathroom of choice, Convicted sex offender proponent of LGBT accessCharlotte
“Any biological man – regardless of whether he “identifies” or “expresses” himself as a man OR as a woman – now has the legal right under the City’s amended ordinance to access the most intimate of women’s facilities (and vice versa). Under the ordinance, Charlotte businesses may no longer offer or enforce sex-specific facilities and face penalties if they do.”…NC House Member Dan Bishop
“You can’t fix stupid.”…Ron White
“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells
I looked for quite some time to find an article that linked to the Charlotte, NC ordinance allowing transgender folks to access the bathroom of choice, ignoring the safety of women and children.
Safety of women and children threatened?
One of the proponents of the ordinance was a documented sex offender. A man convicted of molesting underage boys.
Here he is with the mayor of Charlotte, Jennifer Roberts.
As Sean Hannity stated in 2008, “journalism is dead in this country.”
The articles I found in numerous searches, quoted or paraphrased the ordinance or quoted other articles doing so.
So I will begin by presenting access to Charlotte Ordinance Number 7056, passed on February 22, 2016 and intended to become effective April 1, 2016.
The ordinance can also be found here:
Dan Bishop is a current member of the NC State House, District 104 and a lifelong citizen of Charlotte. His educational and professional background includes:
- 25 years experience litigating complex business and local government controversies.
- Ten times voted to Business North Carolina “Legal Elite.” Seven times selected by “Super Lawyers.” 2013-14 Best Lawyers.
- Erwin, Bishop, Capitano & Moss, 1996-present.
- Robinson, Bradshaw & Hinson, 1990-96.
- University of North Carolina, J.D., high honors, 1990. Member, North Carolina Law Review.
- B.S. Business Administration, highest distinction, 1986.
From Dan Bishop February 24, 2016.
“All Men Now Have a Legal Right to Access Women’s Facilities and Vice Versa
This past Monday night, Charlotte City Councilmembers thumbed their noses at the Governor and state law by adopting an illegal and state-preempted ordinance which creates special rights for persons who “identify” or choose to “express” themselves as the opposite sex, including the right to access bathrooms and showers contrary to their biological sex.
But it’s even worse than I have outlined previously – and it’s even worse than has so far been reported in the press. Let me explain…
Numerous commenters at Monday’s City Council meeting expressed their valid concern that males can pose as transgenders to gain access to women’s and girls’ bathrooms, locker rooms, showers, etc. In reality, the amended ordinance, as adopted, outlaws sex-specific facilities completely.
In other words, just as it would be illegal for a business to discriminate by saying “whites only,” it is now illegal within Charlotte city limits to have “male only” or “female only” bathrooms, showers, etc.
Any biological man – regardless of whether he “identifies” or “expresses” himself as a man OR as a woman – now has the legal right under the City’s amended ordinance to access the most intimate of women’s facilities (and vice versa). Under the ordinance, Charlotte businesses may no longer offer or enforce sex-specific facilities and face penalties if they do.
Before the amendment, the public accommodations ordinance had two separate parts.
The first part prohibited denying anyone “the full and equal enjoyment of the … facilities … a place of public accommodation because of race, color, religion, or national origin.”
The second part prohibited discriminating on the basis of sex, but exempted “[r]estrooms, shower rooms, bathhouses, and similar facilities which are in their nature distinctly private.”
Adding the new categories of “sexual orientation, gender identity and gender expression” to the second part of the public accommodations ordinance would not have suited the objectives of radical activists to overhaul existing bathroom policy. Therefore, City Council eliminated the second part of the ordinance completely, including its bathroom and shower exemptions.
They moved “sex” to the first part and added the new classifications. So, the new language is just this:
“It shall be unlawful to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation because of race, color, religion, sex, familial status, marital status, sexual orientation, gender identity, gender expression, or national origin.”
“This is a boneheaded blunder and a further embarrassment to Charlotte.”
If “gender identity” and “gender expression” mean that a transgender must be allowed to use the bathroom and shower of choice, then “sex” means that ALL men must be permitted to use women’s facilities and vice versa. The City Attorney says that’s not what was intended, but it is what the language says.
This is a boneheaded blunder and a further embarrassment to Charlotte.
If you live in Charlotte, please ask your City Council representatives what they were thinking. If you don’t live in our city, be vigilant that your own city council does not create a national media circus for your hometown.”
Dan Bishop letter to Charlotte Mayor Jennifer Roberts on February 1, 2016.
NC House Bill 2.
From NC Governor Pat McCrory March 25, 2016.
“Myths vs Facts: What New York Times, Huffington Post and other media outlets aren’t saying about common-sense privacy law.”
“1. Does the new bill limit or prohibit private sector companies from adopting their own nondiscrimination policies or practices?
- Answer: No. Businesses are not limited by this bill. Private individuals, companies and universities can adopt new or keep existing nondiscrimination policies.
2. Does this bill take away existing protections for individuals in North Carolina?
- Answer: No. In fact, for the first time in state history, this law establishes a statewide anti-discrimination policy in North Carolina which is tougher than the federal government’s. This also means that the law in North Carolina is not different when you go city to city.
3. Can businesses and private facilities still offer reasonable accommodations for transgender people, like single occupancy bathrooms for instance?
- Answer: Yes. This bill allows and does nothing to prevent businesses, and public or private facilities from providing single-use bathrooms.
4. Can private businesses, if they choose, continue to allow transgender individuals to use the bathroom, locker room or other facilities of the gender they identify with, or provide other accommodations?
- Answer: Yes. That is the prerogative of private businesses under this new law. For instance, if a privately-owned sporting facility wants to allow attendees of sporting events to use the restroom of their choice, or install unisex bathrooms, they can. The law neither requires nor prohibits them from doing so.
5. Does this law prohibit towns, cities or counties in North Carolina from setting their own nondiscrimination policies in employment that go beyond state law?
- Answer: No. Town, cities and counties in North Carolina are still allowed to set stricter non-discrimination policies for their own employees if they choose.
6. Does this bill mean transgender people will always have to use the restroom of the sex of their birth, even if they have undergone a sex change?
- Answer: No. This law simply says people must use the bathroom of the sex listed on their birth certificate. Anyone who has undergone a sex change can change their sex on their birth certificate.
7. I’m worried about how this new law affects transgender children or students in North Carolina. Does this bill allow bullying against transgender children in schools?
- Answer: Absolutely not. North Carolina law specifically prohibits bullying and harassing behavior against children on the basis of sexual identity.
8. Does this bill affect people with disabilities?
- Answer: No. Statewide law also bans discrimination based on disability.
9. Why did North Carolina pass this law in the first place?
- Answer: The bill was passed after the Charlotte City Council voted to impose a regulation requiring businesses to allow a man into a women’s restroom, shower, or locker room if they choose. This ordinance would have eliminated the basic expectations of privacy people have when using the rest room by allowing people to use the restroom of their choice. This new local regulation brought up serious privacy concerns by parents, businesses and others across the state, as well as safety concerns that this new local rule could be used by people who would take advantage of this to do harm to others.
In fact, the Charlotte City Council tried to pass this ordinance before but failed, and passed the same ordinance in February of 2016 despite serious concerns from state officials, business leaders and other concerned citizens.
10. What about parents or caregivers bringing children into the restroom?
- Answer: The law provides exceptions to young children accompanied by parents or care givers.
11. Will this bill threaten federal funding for public schools under Title IX?
- Answer: No, according to a federal court which has looked at a similar issue.
12. Will this bill prevent people from receiving medical attention in an emergency?
- Answer: Absolutely not. Nothing will prevent people from receiving medical attention in public or private accommodations.
13. Will this bill affect North Carolina’s ability to create or recruit jobs?
- Answer: This bill does not affect companies in North Carolina. North Carolina was one of the top states to do business in the country before this law was passed, and preventing Charlotte’s bathroom ordinance from going into effect on April 1 won’t change that.
14. Why is the state telling cities and towns what it can and can’t do by repealing an ordinance the elected members of the Charlotte City Council passed?
- Answer: North Carolina is one of at least 37 states like Virginia where cities and towns cannot pass rules or regulations that exceed the authority given to them by the state. In passing the bathroom ordinance, Charlotte was exceeding its authority and setting rules that had ramifications beyond the City of Charlotte. The legislature acted to address privacy and safety concerns if this ordinance was allowed to go into effect on April 1.
15. Do any other regulations in North Carolina cities, towns or counties come close to what Charlotte was recommending?
- Answer: No. Not that we are aware of. Therefore, nothing changes in North Carolina cities, towns and counties, including in Charlotte, regarding discrimination practices and protections now that this law has passed.
16. Did only Republicans vote for this bill?
- Answer: No. 11 Democrats voted for this bill in the N.C. House of Representatives and no Democratic Senators voted against it. In fact, Democratic Senators walked out to avoid voting on the issue at all because many were going to vote for it and they did not want show their division.
17. Why did the Legislature call a special session to overturn the bathroom ordinance?
- Answer: The new Charlotte ordinance, which would have required all businesses to change their restroom policies and take away the expectation of privacy people have when using the restroom, was going to go into effect on April 1 if no action was taken.
18. Is North Carolina at a disadvantage when it comes to recruiting jobs because it does not have ordinances like the one Charlotte was proposing?
- Answer: No. In fact in the last 3 years without an ordinance like this, North Carolina has created the 6th most jobs in the country – over 260,000 net new jobs. We know of no examples of companies being recruited to North Carolina that have asked if the state has an ordinance like the one Charlotte was proposing.”
NC Laws are based on facts such as biological science, not feelings.
How do you rule in a court of law on someone’s feelings, i.e., that they associate with another sex type?
Common sense and grounded legal principals expose the Charlotte ordinance as foolhardy and impractical.
Now to my warnings to Jennifer Roberts, Roy Cooper, Bruce Springsteen, PayPal and other entities threatening the NC economy and business.
Two can play that game.
I will do my best to see that Roy Cooper is not elected governor.
Jennifer Roberts, you are history.
Bruce Springsteen, PayPal, et al, you can be boycotted too and I intend to do so and encourage others to do likewise.