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House Bill 1182 – Toilets in Public Buildings
House Bill 1182 was signed by Reps Tim Rudd (R-Murfreesboro), Scott Cepicky (R-Culleoka), Bruce Griffey (R-Paris), Paul Sherrell (R-Sparta), Debra Moody (R-Covington) and Chris Todd. sponsored (R-Madison Co.). HB 1182 amends the health, safety, and environmental laws for the building codes in Chapter 120 of Title 68 of the Tennessee Code Annotated by adding a language that requires public companies that allow transgender individuals to use public toilets within the facility to put a notice at the entrance of each public toilet.
The notice to be sent must contain the following declaration:
THIS FACILITY HAS A POLICY THAT ALLOWS THE USE OF WASHBASINS BY ORGANIC GENDER, INDEPENDENT OF THE NAME OF THE WASHBASIN
The new law requires that the signage for a person entering the public toilet is clearly visible and must meet the following standards:
(1) be at least eight inches wide and six inches tall;
(2) the top third should have a red background color and state “NOTE” in centered yellow text;
(3) the lower two thirds should have a white background color with black writing; and
(4) Be no more than a foot from the outside edge of the door frame.
The law expressly excludes unisex or one-person toilets and family toilets that are intended for use by both sexes from the booking obligation.
Companies that are informed that they are not complying with the new law will be given 30 days to do so before any enforcement action is taken. Interestingly, the new law does not appear to have any enforcement mechanisms or specific sanctions. Co-sponsoring Representative Rudd has stated under the new law that local district attorneys can apply for an injunction requiring facilities to put up the necessary signage. He also pointed out that failure to comply could result in legal remedies.
Memphis District Attorney Amy Weirich has stated that the new law does not provide sufficient legal recourse to allow her office to enforce violations of the new law.
The Tennessee branch of the American Civil Liberties Union (ACLU) actively opposed the legislation, calling on Governor Bill Lee to veto HB 1182, an invitation he did not accept. Based on public statements, the ACLU can initiate a legal challenge against HB 1182.
Companies that provide public toilets should carefully consider the legal requirements and the potential impact of violations.
House Bill 1233 – School Toilets
House Bill 1233 was sponsored by Jason Zachary, R-Knoxville, and was endorsed by more than 20 other MPs. Based on the language of the legislation, HB 1233 is known as the Tennessee Accommodation for All Children Act. The new law amends Title 49 of the Tennessee Code Annotated, which governs education by adding a language that requires public schools to provide reasonable accommodation for students, teachers, or staff who “[d]esire[] more privacy when sharing a toilet with several people. “
Under the new law, students (or their parents), teachers and employees can submit a written request for reasonable accommodation. The school management is obliged to provide the desired accommodation, unless this is impracticable. The client must decide in writing whether to approve or reject the application. If the application is rejected, the reasons for the rejection must be given.
The new law provides for an appeal process that rejects applications for reasonable accommodation at school level. The person requesting placement can contact the school management. If still not satisfied, the person can request a hearing before an impartial hearing officer chosen by the local education committee. Such a hearing would not be open to the public.
HB 1233 also gives students, teachers and staff a private right of action against the local Ministry of Education or the public school if:
- the student, teacher or employee meets a member of the opposite sex in a multi-person toilet in a public school;
- the student, teacher or employee is at birth in the toilet assigned to their assigned gender when the encounter occurs, and;
- the local school board or public school intentionally allows a member of the opposite sex to enter the multi-person toilet while others are present.
In pursuing a cause of action under the new law, injured persons can claim monetary damages, including damages for psychological, emotional and physical damage. A person who wins a claim under the new law is entitled to reimbursement of reasonable attorney fees and expenses.
Local education authorities and public schools should be aware of the new law and the possibility of legal exposure.
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