CASES: What can happen when toilets are based on identity rather than biology

Family Research Council Issue Brief February 2017
Family First Comment: This is the key point…
“This has led to concerns that such policies—particularly insofar as they permit biological males to use facilities designated for women or girls—could threaten the privacy and safety of the general public, and even lead to an increase in voyeurism and sexual assault. It is important to note that the concern is not that transgendered individuals are more likely to be sexual predators, but rather that sexual predators could exploit such laws by posing as transgendered in order to gain access to women and girls.”

“Gender identity” non-discrimination laws—particularly those that apply to schools and “public accommodations”—authorize people to use sex-separated facilities (such as restrooms, locker rooms, and showers) that correspond to their subjective, psychological “gender identity,” rather than their objective, biological sex.

This has led to concerns that such policies—particularly insofar as they permit biological males to use facilities designated for women or girls—could threaten the privacy and safety of the general public, and even lead to an increase in voyeurism and sexual assault. It is important to note that the concern is not that transgendered individuals are more likely to be sexual predators, but rather that sexual predators could exploit such laws by posing as transgendered in order to gain access to women and girls. Beyond this, when companies such as Target implement any-sex bathroom/dressing room policies, it encourages criminals to take advantage of these policies to commit crimes.

Transgender activists have scoffed at these suggestions, essentially denying that such incidents even occur, but below is a list of publicly reported incidents in which men violated the privacy of women in bathrooms, locker rooms, and other private spaces, demonstrating that the concern about safety and privacy is legitimate:

1. WPRI: Man Charged With Voyeurism in Target Bathroom (January 17, 2017)

Lincoln, R.I. – A man was charged with video voyeurism after he placed a camera in a Target bathroom.

2. Fox News: Man Used Cellphone to Record Woman Undressing at Target in Dallas, Tex. (September 15, 2016)

3. ABC 7: Man Seen Recording Women in Target Changing Room (September 12, 2016)

Brick, N.J. – A man was observed reaching under the stalls of a unisex dressing room with a cellphone in a Target store to record women.

4. FOX 4: Man Accused of Taking Photos in Target Dressing Room (September 7, 2016)

Dallas, Tex. – Police were seeking a man who is accused of pointing a cellphone camera at a woman in a Target changing room.

5. Post Register: Transgender woman arrested for voyeurism at Target (July 12, 2016)

Ammon, Idaho – A biological male claiming to be a woman was arrested after taking cellphone pictures of a woman in the adjoining stall of a women’s dressing room at a Target store. The man, who was dressed as a woman, ran out of the store after the victim attempted to confront him.

6. Bedford Police: Man Arrested for Recording Juvenile Girls in Target Dressing Room (June 24, 2016)

Bedford, N.H. – A man was arrested after he was caught recording juvenile girls in a dressing room at a Target store.

7. WDAY 6: Man Caught Placing Cellphone Under Dressing Room Door in Target (June 16, 2016)

Bismarck, N.D. – A 16-year-old girl reported that a man used a cellphone to record her inside a Target dressing room by placing the phone under her stall door.

8. FOX 25: Man Caught Looking over Changing Room Wall in Target (June 14, 2016)

Revere, Mass. – A man was seen peering over a Target changing room wall into the next stall where a young female was changing.

9. The Daily Caller: Security Guard Arrested for Removing Man from Women’s Bathroom (May 19, 2016)

Washington, D.C. – A female security guard who worked at a grocery store was arrested for removing a male from the women’s restroom after he entered dressed as a woman. When the security guard asked the man to leave, he refused saying he identified as a woman. The security guard physically removed the man from the women’s restroom. The man called the police on the security guard upon leaving the store.

10. Fox News: Man Used Cellphone to Record Woman Undressing at Target in Frisco, Tex. (May 2016)

11. CBS DFW: Shopper Upset Man Allowed to use Women’s Dressing Room in Ross (May 17, 2016)

Mesquite, Tex. – In May of 2016, a woman was in a Ross Department store dressing room when she heard a man’s voice in the dressing room. She reported this to the manager who informed the woman that, despite the man being dressed as a male and having a 5 o’clock shadow, the man was “representing himself as a woman today.” The Ross manager informed the woman that if she was bothered by this, she would need to wait until he was finished.

12. Mass Resistance: Female Office Worker Encounters Man Urinating in Ladies’ Room Exposed (February 21, 2016)

Waltham, Mass. – A woman said that when she walked into a women’s restroom at her place of employment she saw a man, through an open stall door, sitting on a toilet urinating, with his private parts exposed. She reported that she immediately turned around and left the restroom, and felt unsafe about returning to that restroom again.

13. NY Daily News: Seattle Man Undresses in Women’s Locker Room at Local Pool to Test New Transgender Bathroom Rule (February 17, 2016)

Seattle, Wash. – In February of 2016, a man, dressed as a male, walked into a women’s locker room at a local pool and proceeded to undress. The women in the locker room attempted to kick him out, but the man refused saying, “The law has changed and I have the right to be here.” The man returned to the locker room later that day when young girls were there changing for swim practice.

14. NBC Washington: Man Dressed as Woman Arrested for Spying into Mall Bathroom Stall, Police Say (November 17, 2015)

Fredericksburg, Va. – In May of 2015, Richard Rodriguez, a 30-year-old man dressed in women’s clothing, attempted to film a woman in a bathroom stall. The victim told police she saw a bag “protruding from underneath a neighboring stall.” When she confronted the suspect, the man dressed in women’s clothing exited the stall and entered another stall next to another woman. Rodriquez was charged with three counts of unlawful filming of a nonconsenting person and three counts of peeping.

15. KTLA5: DA: Cross-Dressing Man Secretly Taped Women at Macy’s (May 14, 2013)

Palmdale, Calif. – In May of 2013, Jason Pomare, a 33-year-old male, dressed as a woman multiple times in order to secretly videotape women in women’s restrooms. A woman reported to security officers that there was a man, wearing a wig and dressed as a woman, acting suspiciously in the women’s restroom in Macy’s. Pomare was charged with six counts of unlawful use of a concealed camera for purposes of sexual gratification.

16. Oregon Live: Cross-Dressing Sex Predator Sentenced for Clackamas Aquatic Park Crimes (October 27, 2011)

Oak Grove, Ore. – In July of 2011, Thomas Benson, a 39-year-old male with a prior conviction for sexual abusing children, was arrested and charged with unlawful contact with a child and unlawfully being in a location where children congregate because, dressed as a woman, Benson entered the women’s locker room at the Clackamas Aquatic Park to talk with children. When he left the Park, Benson left in men’s clothing. Benson was followed out of the Park and he fled. Benson was later arrested.

17. Abc7news.com: Police: Calif. Locker Room Suspect Used Disguise (October 22, 2010)

Berkeley, Calif. – In October of 2010, Gregorio Hernandez, a 29-year-old male, was arrested for disguising himself as a woman twice to get inside a UC Berkeley women’s locker room. Once inside, the man used his cell phone to photograph women in the locker room.

18. WSBTV: Police: Man Undresses in Front of Children in Walmart Restroom (March 24, 2010)

Calhoun, Ga. – In March of 2010, Norwood Smith Burnes, a 51-year-old male, was arrested and charged with public indecency, disorderly conduct, and criminal trespass for undressing in front of children in a women’s restroom at a Walmart. When the police arrived, Burnes was wearing women’s clothing.

19. The Mercury News: San Jose Sex Offender Wearing Fake Breasts, Wig Arrested for Loitering in Women’s Restroom (January 26, 2009)

San Jose, Calif. – In January of 2009, Richard Rendler, a 60-year-old male and registered sex offender, was arrested for wearing fake breasts and a wig while loitering inside a women’s restroom. Rendler was arrested on misdemeanor loitering charges, having previously been arrested on charges of child molestation and indecent exposure.

20. Purdue University: Purdue Police Investigate Report of Man Taking Photographs in Women’s Restroom (March 31, 2008)

West Lafayette, Ind. – In March of 2008, an unidentified man wearing makeup and women’s clothing was confronted for taking pictures of a woman in a bathroom stall. When confronted by the woman, he denied he had any pictures of the victim. A staff member who was in the restroom asked the man to accompany her to the main office, but the man ran off.

21. St. Petersburg Times: Cross-Dressing Man Sentenced for Battery (September 25, 1999)

Pasco County, Fla. – In 1999, Patrick Hagan punched a woman in the mouth when she questioned his presence in the women’s restroom.

This has also been an issue in our neighboring country, Canada, which is often considered much more “progressive” than the United States. Here are a couple of incidents that have arisen there:

1. DailyWire: University of Toronto Dumps Transgender Bathrooms after Peeping Incidents (October 8, 2015)

Toronto, Canada – After two separate incidents of “voyeurism” occurred in the female students’ shower stalls on the campus of the University of Toronto, the administration is changing its policy on gender-neutral bathrooms.

2. LifeSite News: Sexual Predator Jailed after Claiming to be ‘Transgender’ to Assault Women in Shelter (March 4, 2014)

Toronto, Canada – In 2012, a biological male named Christopher Hambrook, age 37, claimed to be transgendered. He used his “transgendered” identity to gain access to women’s shelters. Hambrook sexually assaulted several women. One woman reported how Hambrook had watched her shower through the door frame. In 2014, Hambrook was jailed “indefinitely.”    http://downloads.frc.org/EF/EF16F27.pdf
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