Bathrooms - An Ironic Experience at the State Capitol

Yesterday (Tuesday, April 21, 2009) I took a trip to the New York State Capitol in Albany to witness the Assembly debate and passage (for the second time in two years) of the Gender Expression Non-Discrimination Act (GENDA, A5710/S2406) in that chamber.

The floor session was scheduled to begin at 3:30 PM, so I made sure I got myself a good seat in the Assembly gallery, which is accessed from a fourth-floor hallway in the State Capitol building. I took a look at the agenda, and realized that it might be some time before the bill came up for debate and a vote, so at about 3:45 PM, with a quorum not yet present, I decided to make a brief stop at the nearest restroom, which happened to be just on the other side of the metal detector and security staff at the entrance to the gallery.

I nodded to the security staffer in the dark suit and red buttoneer, went past the metal detector, and on my way to the stall passed by two older women who were on their way out. In passing, I noted that they might be Capitol cleaning ladies, wearing colorful crocheted patchwork smocks.

As I got into the stall, I started hearing knocking. With the bad acoustics, it seemed to me as if the knocking was coming through the wall to my left. Then I heard a man’s voice saying “hello, hello.”

After getting the necessary body functions taken care of and leaving the stall to wash my hands, I heard the continued knocking, and the man’s voice say, “you’re in the wrong bathroom.” At that point I realized the knocking and hallooing might be aimed at me. I looked around – I didn’t see any urinals in there, and I thought, and weren’t there a couple of older women just in here? And then I saw the security gentleman standing politely at the open bathroom door.

Anyway, at this point I stepped through to the anteroom and then out of the bathroom, and it turned out the knocking and “hallooing” had indeed been coming from the nice, respectful, Capitol security gentleman with the red buttoneer, who repeated the assertion that I had been in the wrong bathroom. I looked around at the glass sign above the door which clearly said “women” and then looked at the security man and told him, “No, that was the correct bathroom.”

His response was to say that “a couple of ladies” had complained. It must have been those cleaning staffers who were on their way out as I was entering.

Then he asked me, “Do you have I.D.?”

Now, I know that may have crossed the line – we don’t ask people for their I.D. when they use the bathroom. However, he was a Capitol security staffer in charge of the metal detector, and asking for I.D. is a permissible thing in connection with that process, though I hadn’t been asked for it when I passed through the metal detector. Regardless of whether he was entitled to see identity papers, I decided to take the easiest course, and opened my handbag, pulled out my driver’s license and handed it to him, with my as-yet-unwashed hands, to take a look for himself.

This was apparently satisfactory. So I asked, “Do you think I can go back in and wash my hands now?”

He had no problem with that.

I have never been confronted with this situation before, though I have heard of situations like it. There was that time a few years ago when I was on line at the Steak Escape fast food counter at the food court at the Palisade Center Mall, when I noticed a group of teens furtively whispering and alternately peering at me. One of them approached me to ask the time – and after I looked at my watch and gave it to him, he returned to the group to announce, “she’s a woman.” Apparently my voice passed muster.

I can just imagine what it might have been with the security staffer at the Capitol if I had not had my driver’s license corrected in accordance with New York DMV regulations – a situation that confronts many trans women who are early in transition, and have not yet gotten legal name changes and documentation in order.

I also thought of what the situation might have been like had the security staffer entered the ladies’ room to pound on the stall door and demand my immediate egress. That would have been frightening and upsetting, and I would have made a rather indignant and immediate protest and complaint. As it was, the situation was only mildly annoying.

I thought of just how ironic this was, being “clocked” by a couple of Capitol cleaning ladies who hadn’t even spoken to me, on the very day the Assembly was about to consider passing GENDA again.

And, of course, this entire experience turned out to be an ironic preface to the floor discussion between Assemblymember Gottfried and a Republican member whose name sounded to me like “Condon” (but there is apparently not a “Condon” in the Assembly)[ADDED NOTE: According to Caprice Bellefleur, who was watching the proceedings on television, the Republican member with the questions was Assemblymember Conte, who ended up voting for the bill - so it seems as if this Assemblymember was satisfied with Assemblymember Gottfried's explanations on the floor.], which predictably turned to the usual but politely-stated outrage over the so-called “bathroom issue.”

The “bathroom issue” seems to be based on the bogeyman that the law would encourage crossdressed male sexual predators to be lurking in bathrooms waiting to pounce on women. GENDA would not protect sexual predators, even if they disguise themselves.

However, GENDA would protect that poor early-transitioner who doesn’t have her I.D. in order from being barred from the correct bathroom.

The idea that innocent transgendered and transsexual women should be barred from the appropriate public rest rooms because cisgendered women might feel “uncomfortable” is reminiscent of the policy of racial segregation once practiced in the American South.

The comfort level of white women was “protected.” They were "safe" from having to share the use of toilet seats that were also used by women of color. In many places, there were three facilities – Women, Men, Colored. One might presume that “colored” men and women were supposed to have no problem sharing the same toilets – I guess African-American women were expected to deal with men the seat left up in public facilities, while white women only had to worry about other white women peeing on the seat.) Their segregated white childen were “protected” from exposure to African-American kids in the classroom. In hotels and restaurants, their only contact with African-Americans was with menial cleaning and kitchen staff, and perhaps entertainers, but they were assured that they would be sleeping on sheets that were not shared with African Americans (perhaps not thinking of the fact that the laundress and the maid had at least touched these items). Of course, there was always the shared bus, but even that was separated based on who could sit where.

My own discomfiture is with these ostensibly cissexual cleaning ladies (that’s what they looked like, anyway, with their crochet-patchwork smocks – they certainly weren’t dressed like Capitol professional or office staff – they looked more like the shabbily-dressed denizens of seedy bingo parlors) thinking their feeling of “uncomfortability” with transsexual women (or women they “clock” as transsexual or transgender women, who might just be butch-looking cissexual women, or cissexual women exhibiting symptoms of Poly-Cystic Ovarian Syndrome (PCOS)) entitles them to bar people like me from using the correct public restroom.

If they feel that uncomfortable, I welcome them to “hold it” until they get to the privacy of their own homes. Their comfort level issue should not force me out of an appropriate public restroom. Of course, if they were educated on the issues, they might have a lessened sense of discomfort. They’re not being asked to share the ladies’ room with men, after all.

I actually felt bad for the security staffer – once he had the complaint, he felt it appropriate to use his position of apparent authority to make me prove my entitlement to use the bathroom facility near his security station. I doubt that he was aware of any guidelines as to how to approach this situation, or whether he had the necessary jurisdiction to make the inquiry. And I am sure that he felt terribly uncomfortable about the entire situation, especially after he reviewed my driver’s license to see the big capital “F” on it.

Perhaps he was unaware that the City of Albany already has an appropriate local law protecting transgender people from discrimination like this. I wonder whether there is some policy that the Capitol, being state property, is exempt from the application of local anti-discrimination law, or whether the issue has been raised.

I am not sure who supervises the cleaning personnel (or Capitol staff, if that’s what those two women were). My best guess with regard to the security gentleman, since he was not a uniformed state trooper, is that he is probably a civilian State Police security screening technician associated with the State Police Security Services Unit.

In any event, it might not be a bad idea for some basic sensitivity education to be provided so that gaffes like this don’t happen in the future. I am going to bring this quietly to the attention of State Senator Tom Duane, whose office is just a little way down the hall from the bathroom in question, and trust the good senator to know exactly what to do and who to contact.

Next week is Equality and Justice Day – and there will be hundreds of trans people in Albany, in the throng of over 1,600 people expected to be there for GENDA, Dignity for All Students, and Marriage. I’d hate to see situations occurring where someone without the right documentation gets barred from the appropriate bathroom.

Thoughts on the Dignity for All Students Act and the School Safety Act

First, I was quoted by The Advocate (online, August 19, 2008) in an article by Kerry Eleveld discussing the Safe Schools for All Students Act that was introduced by the Republican-controlled New York State Senate Rules Committee – notable for the first time any Republican-sponsored bill in New York has sought to protect people on the basis of “gender identity or expression.”

See the full article here.

Here's the part that quotes me:

Trans activists overall are pleased by the progress that has been made in the senate. “As a signal from the Republican leadership, the inclusion of gender identity or expression in the Safe Schools bill could be a ray of hope,” said Joann Prinzivalli, state director of the New York Transgender Rights Organization.

But Prinzivalli said one “disturbing” difference in the Republican bill is that it provides protection from disciplinary action or professional misconduct for school employees who know of, but do not report, acts of bullying. “This is not a feature in the [assembly’s] Dignity bill, and it makes the Safe Schools bill much less palatable as an alternative,” she added.

From a quite different viewpoint, the following comes from the Lunatic Fringe at (Out of) Focus on the Family:

New York Considers Special Rights for 'Transgendered' Students

The Republican majority in the New York Senate has introduced a measure that would make the state among the first in the nation to grant special protections to "transgendered" students, including those who cross-dress.

The Log Cabin Republicans, a gay-activist group, is taking credit for the so-called Safe Schools for All Students Act. Disguised as an anti-bullying effort, it would add special protections based on sexual orientation.

“While efforts need to be made to stop the bullying of any child, we believe it’s wrong for schools to have mandates pushed on them by homosexual-advocacy groups," said Candi Cushman, education analyst for Focus on the Family Action. "These groups have been bragging about a 'coup' in New York and have a clear agenda of promoting their sexual lifestyle to children. “It is not wise to push those types of agendas onto young kids who are still figuring out who they are. Plus, it puts teachers who have deeply held religious convictions in jeopardy.”

North Carolina lawmakers rejected a similar bill in July.

Aside from the fact that the folks at (Out Of) Focus On The Family Action are always trying to push their anti-Christian, anti-humanitarian, anti-science, anti-human rights anti-justice anti-fairness agenda, one other thing these people don’t get is that this Republican-sponsored School Safety bill would add special protections for “teachers who have deeply held religious convictions.” If they bothered to read the bill carefully, the (Out Of) Focus folks might have seen this.

Both the Dignity for All Students Act (S1571, sponsored by Democratic State Senator Thomas K. Duane, and co-sponsored by eleven Democratic Senators, the Republican Rules Committee bill (S8739, the Safe Schools for All Students Act) require that school employees report incidents of harrassment/bullying of which they are aware or have reason to suspect. Both bills protect those school employees who report harrassment/bullying in good faith. But the Republican bill goes farther, adding:

FAILURE OF AN EMPLOYEE TO MAKE A REPORT PURSUANT TO THIS PARAGRAPH MAY NOT BE THE BASIS FOR ANY DISCIPLINARY ACTION OR PROFESSIONAL MISCONDUCT CHARGE AGAINST THE EMPLOYEE; (S8739, p2 lines 34-34)

It appears to be possible that the Republican senators really are trying to protect those (Out of) Focus “teachers who have deeply held ‘religious’ convictions” whose strange version of religion involves a belief that bullying and harassment of gay, transgender, tomboy and sissy kids is somehow a good thing.

The fact that “gender identity or expression” is properly included (under the definition of gender) as a protected class, in addition to sexual orientation, race, color, religion, disability, national origin, military status, sex, gender, age or marital status is lost on the bully-protecting folks at (Out of) Focus, who seem to think that it’s just fine for a schoolyard bully to pick on that nerdy sissy kid with glasses because in their warped sense of “religion” that’s what they think Jesus would have done (though I am quite sure Jesus would differ with that viewpoint, as they’ll find out when they get judged at the Final Judgment - see Matt. 25), or because bullying the sissy kid will somehow “make a man out of him.”

I had my own painful personal experience as a child with bullying and harassment, from the 5th grade until I got out of high school. It wasn’t a “sexual orientation” thing. It wasn’t even visibly a “gender identity or expression” thing – or maybe it was.

Essentially, I transferred into a new school in the middle of the school year, and somehow, the school bumped a very popular kid from the “A track” class to the “B track” class in order to fit me in. On top of that, when it came to schoolyard activity, it became obvious that I “throw like a girl.” This caused a great deal of resentment and led to a lot of harassment. I didn’t complain about it, but apparently teachers and administrators noticed, which prompted them to set up a meeting with my parents and the principal.

The proposed solution? My father was told that he and I should play catch after school every day. This was along the lines of “it’ll make a man out of him.” Of course, this turned out to be a very frustrating exercise for both my father and myself. No matter what I did, it *hurt* my elbow when I tried to “throw like a boy.”

The problem with this picture is that the traditional solution in these cases is to blame the victim, something the (Out of) Focus folks seem to want to continue as the solution.

The (Out of) Focus folks and the New York State Senate Republican-controlled Rules committee don’t seem to understand that teachers (and other school employees) who want to hide behind their so-called “religious beliefs” to justify bullying and harassment don’t belong in the schools, just like a teacher who believes in “Young Earth Creationism” shouldn’t be protected for teaching this religious belief in a science classroom.

One thought about this disturbing language in the Republican Senate bill (language perhaps intended to pander to (Out Of) Focus and its ilk) is that it was put there intentionally as a “poison pill” with the idea being the Senate could pass this bill and then kill a compromise with the Assembly Dignity for All Students Act bill (A3496 – the same as S1571) by insisting on protecting those teachers, school officials and employees who want to continue to turn a blind eye toward harassment and bullying. In this very cynical view, the Republican senators could trumpet about how they voted for (or even supported, if the bill doesn’t come to a vote) a “school safety” bill in their bids for re-election.

Most people wouldn’t even notice that the bill has a fatal flaw that eviscerates the coverage it would only seem to provide – the folks at (Out of) Focus On The Family Action didn’t notice that their so-called “concern” on the issue was already addressed by the Republican Rules committee.