Image Credit: capitol.tn.gov
The Tennessee Conservative [By Paula Gomes] –
The progress of a “Bathroom Bill” giving victims in Tennessee the right to sue those entering spaces that do not match their biological gender was halted on Wednesday in the Senate Judiciary Committee.
During discussion, Senator Jon Lundberg (R-Bristol-District 4) made a motion for the bill to be sent to summer study, effectively killing it for this legislative session as all nine members of the committee – seven Republicans and two Democrats – voted affirmatively.
Sponsored by Senator Janice Bowling (R-Tullahoma-District 16), Senate Bill 2781 (SB2781) seeks to expand current “Peeping Tom” state laws.
An amendment to the bill, added last week, would have made it illegal to “knowingly enter into and remain in a public restroom that does not correspond with the person’s biological sex” and Bowling stated that the bill would stop employees from having to enforce work policies that violate current statute.
With men entering female locker rooms around the country, including in Tennessee, Bowling’s bill would make such an occurrence a Class A misdemeanor, increasing the penalty to a Class E felony if the victim is under the age of thirteen.
According to concerned dad Robby Reed, a man entered the women’s locker room on Wednesday morning at Planet Fitness in Chattanooga. This is exactly the type of incident that Bowling’s bill aims to deter.
Speaking about the bill, Senator Kerry Roberts (R-Springfield-District 23) stated that lawmakers needed to “tighten it up.”
According to legal counsel, the bill’s amendment as currently written would have someone committing a crime simply by using a single-person bathroom meant for the opposite sex. Bowling had previously addressed with Senator Paul Rose (R-Covington-District 32) that the intent of the bill was not to criminalize people using a bathroom not meant for them if it was the only one available at the time.
Lundberg, agreeing with Roberts, also said that he had heard from business owners who had “concerns” and that he thought it should go to summer study.
Almost two years ago, a lawsuit from a business owner was struck down by a Tennessee federal judge over the state’s requirement that businesses and other entities post signs by bathrooms if people of either gender were allowed to use those facilities.
Had the law been allowed to take effect, a sign that read “NOTICE” in yellow print with a red background would have been posted by these restrooms. Underneath that, the sign would have read, “THIS FACILITY MAINTAINS A POLICY OF ALLOWING THE USE OF RESTROOMS BY EITHER BIOLOGICAL SEX, REGARDLESS OF THE DESIGNATION ON THE RESTROOM.”
Bob Bernstein, owner of the restaurant Fido, on whose behalf the lawsuit was filed said at the time that the law violated the First Amendment.
Agreeing with the assessment of her colleagues, Bowling said, “If there needs to be clarification made on [the bill] I’m glad for it to go to summer study because I think this is a very timely bill.”
Bowling stated that she had heard from many parents with children in school that students are increasingly being found in the wrong bathrooms.
“It’s getting out of hand,” Bowling said, “And we do need to do something.”
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
