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The Bathroom Law: Public vs Private Restrooms

The "Bathroom Law" doesn't make it illegal for a man to be in a woman's bathroom or a woman to be in a man's bathroom.

GREENSBORO, NC -- The so-called Bathroom Law has many different parts to it. 2WTK is looking at several of the diffrent facets.

Proponents say its about protecting your family and making sure men aren't in women's bathrooms and women aren't in men's bathrooms. Opponents of the law call it discrimination of sexual orientation.

But it's also about restricting what local governments can or can't do when it comes to ordinances or policies; specifically policies that offer protections for sexual identity. For instance, Charlotte's ordinance for transgender bathroom use can no longer be in effect (it was supposed to be active April 1st) and Greensboro can no longer offer gender identity discrimination protections for city housing, programs and services.

In addition to that, all North Carolina school bathrooms must be gender specific as well as any public restrooms. The law itself provides for single-sex multiple occupancy bathrooms in schools and public agencies and public accommodations.

Basically, what that means to all of us is that no male is allowed in a female bathroom or vice versa in a school, a public park restroom, or for example the Greensboro coliseum bathrooms. There are exceptions for students or people who need assistance in the restroom, janitorial services, etc.

But the Bathroom Law doesn't ban people from being in ALL bathrooms of the opposite sex. This Bathroom Law doesn't make it illegal for a man to be in the women's bathroom at say a grocery or discount store or a fast food restaurant. That's right, it's not against the law. It's more of a moral code. Although, if someone complains you can be charged with trespassing or disorderly conduct.

While the bathroom part of the law is getting a lot of the attention, the bill also bans local governments from creating any ordinance that goes beyond the state's standard discrimination policy. The state policy, which is outlined in the bill, protects on account of race, religion, color, national origin, age, handicap, and the sticking point; biological sex.

There's already an ordinance in place in Greensboro for city facilities, programs, services and activities that goes beyond the statewide policy. The Greensboro ordinance protects for all of that and political affiliation, sexual orientation, military status, gender expression and gender identity. Mayor Nancy Vaughan joined 2WTK at 5:30pm to talk about the impact this bill has 2WTK at 5:30pm to talk about the impact this bill has on the city.

She pointed out that Greensboro made the choice in January 2015 to pass an ordinance that enlarged the discrimination protections to be more inclusive and welcoming to residents and businesses.

Let's take a closer look at how HB2 or the Bathroom Law came to be. North Carolina lawmakers were supposed to be in session April 23rd, but called a special session to take up HB2 because of the April 1st Charlotte ordinance allowing for transgender bathroom use.

The actual wording of the bill was released to the public Wednesday at 10am. It passed both the House and the Senate within 9 hours and the Governor signed it into law shortly after that. The Sunlight Foundation tracks state lawmakers across the country and says the speed of HB2 was concerning.

"In terms of introduction to passage it's definitely unique. And I think the public deserves to be part of this process. And nine hours doesn't allow for the public to have its voice heard. And that doesn't matter what sort of legislation it is, " says Josh Stewart.

Lawmakers did take 30 minutes of public comment on the bill. On the flip side of this, the special session costs you, the taxpayer about $42,000 per day.

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