Odessa bans transgender people from using restrooms that don’t match sex assigned at birth

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ODESSA — The City Council on Tuesday banned transgender people from using restrooms outside of the sex assigned to them at birth, following an emotionally charged exchange between residents and city leaders.

In a 5-2 vote, members of the council expanded a 1989 ordinance that prohibits individuals from entering restrooms of the opposite sex, suggesting they were doing so to protect Odessans and their own families.

Residents pleaded with the council, arguing that such proposals were divisive, stoked fear among the community, and would further stretch city services.

“It is not only unnecessary but also a complete waste of the city's time, money and resources,” Alexander Ermels, president of PFLAG’s Midland and Odessa chapter and a transgender man, said during public testimony. PFLAG is one of the oldest LGBTQ+ advocacy organizations in the U.S.

“It's not addressing any real problem in our community,” Ermels said. “Instead, it's creating one, making people worried about something that just is not an issue.”

Statewide advocates called the move one of the most extreme measures by a local government that further endangers LGBTQ+ participation in the public sphere. It follows a legislative session where lawmakers filed more than 100 bills that sought to regulate the lives of LGBTQ+ Texans. And it could lay the groundwork for a statewide version of the ordinance — similar to one that Texas lawmakers failed to pass in 2017.

And while the Odessa council first debated the matter earlier this summer, its passage comes as Republicans across the U.S. and Texas have ramped up their attacks on transgender people and the politicians that have supported them.

It is also the latest action by a conservative mayor and his allies on the council to push this West Texas town even further to the right. The council has previously approved an anti-abortion ordinance that largely mirrored state law. Mayor Javier Joven, who is up for reelection in November, has said his mission has been to help the city “repent.”

Under the amended ordinance, the city can seek fines of up to $500 and trespassing charges if a transgender person uses a restroom that matches the gender they identify as. The sweeping new terms also allow individuals to sue and seek no less than $10,000 in damages plus the cost of the lawsuit and attorney fees.

The ban applies to “any building, facility or space owned, leased or controlled by, or leased to, the city of Odessa including but not limited to community centers, libraries, airports, park facilities and administrative office buildings.”

It excludes parents of children of the opposite sex who are younger than 12 years old, maintenance and custodial workers, law enforcement officials and medical emergencies.

Council member Chris Hanie insisted he introduced the ordinance to protect the safety of his daughters and grandchildren.

“There's never been fear. I don't care who you are, and what you do in the privacy of your home is your business, but I don't need to see it in public,” Hanie said.

Jonathan Saenz, the president of Texas Values, a conservative and religious think tank who attended the meeting and spoke at length on behalf of the ordinance, reassured local officials that the ordinance would hold up to legal scrutiny.

Joven, responding to public testimony, said the city would not encourage law enforcement officers to surveil the identity of residents using public restrooms.

Statewide advocates questioned the legal integrity of the ordinance and whether local officials can enforce it without overwhelming the courts and the city with lawsuits.

Brian Klosterboer, an attorney with the American Civil Liberties Union’s Texas chapter, said the ordinance exposes the city to liability and “puts a target on its back.” Unlike the legislature, which is protected by sovereign immunity and cannot be sued, the city is at risk of increased legal challenges.

He also said it was rare for local ordinances to authorize new types of lawsuits.

“Police or even people's neighbors could question their sex and try to enforce this kind of ordinance, so it leads to a lot of bigotry, hatred and division,” he said. “It ultimately will make our communities less safe because people will be policing each other.”

Johnathan Gooch, communications director for Equality Texas, a statewide advocacy group, said it was a disheartening decision by local officials in Odessa, adding it was one of the harshest ordinances he and the organization had seen outside school boards.

Gooch said it puts transgender people at increased risk of discrimination. Texas law does not protect individuals from being discriminated against based on their sexual orientation, gender identity, or expression.

“It’s a very aggressive way to alienate trans people from public life, and I think it is counter to the spirit of friendship that most Texans embody,” he said. “It enables vigilantes just to target anyone that they don't think matches the type of gender expression they expect to see in the bathroom, and that is truly insane.”

During 40 minutes of public testimony, residents urged the city to drop the proposal and to shift their focus back to pressing everyday issues.

Gale Norris, a lifelong resident who works for the city’s human resources department and a transgender woman, said the ordinance would inspire neighbors to turn against each other and questioned the ability of police officers to monitor every restroom.

“We already have our hands full solving city staffing issues, improving our infrastructure and tightening our budget so that we can better and more efficiently serve the people,” she said. ”I want to do right by the city as much as this council does, but I don’t believe this is the way to do it.”

McKayla De La Rosa, a second-year student at the University of Texas at Permian Basin, was not planning to testify. However, after she heard the discussion between council members and residents she decided to make her voice heard.

She told the council that she must leave town to pursue a doctoral degree, which the university does not offer. When she finishes, she wants to return to Odessa. This ordinance might scare her away.