Bathroom ban bill passes Senate Judiciary committee

A bill to make it criminal for a person who knowingly enters into and remains in a public changing facility for the opposite sex while minors are present passed a Senate committee on Monday (Feb. 27).

SB270, which was filed by Sen. John Payton, R-Wilburn, passed in the Senate Judiciary Committee.

Prior to voting on the bill, the committee voted on an amendment Payton proposed to current laws relating to indecent exposure to minors. The amendment would add that those who commit these acts did so knowingly. The amendment was approved.

When beginning his testimony for SB270, Payton said he is trying to solve a problem that has arisen in recent years.

“We’ve probably all been in the situation where you had an emergency and might have had to use the wrong bathroom, this is not trying to address that,” Payton said.

Payton explained the intent of the bill is to prevent the violation of privacy of minors. He said the first two times this law is violated would result in a misdemeanor and the third time would be a felony.

Sen. Gary Stubblefield, R-Branch, and chairman of the committee, asked Payton who would decide whether someone was determined to have stayed in the bathroom or changing facility too long. Payton said it would be up to the prosecutor to make that determination.

“The way I see it is somebody would request that this person leave the changing room, restroom or facility and that person would refuse to leave,” Payton said.

Sen. Clarke Tucker, D-Little Rock, asked Payton if he was aware of situations like this happening in restrooms. Payton responded he didn’t have public records, but said constituents have contacted him about this issue.

Tucker raised concerns about the vagueness he sees with the bill. He asked Payton if it would be a crime for someone to use the restroom, while a minor walks in and they continue to use the restroom with the minor present. Payton replied it would be up to the prosecutor to determine that. Tucker also raised concerns that the law could affect the transgender community and Payton disagreed with Tucker.

“Believe it or not, there’s perverse heterosexuals who would enjoy hanging out in bathrooms and they might even try to pretend they’re trans or something like that to get away with it,” Payton said.

He added it will be hard to prosecute those who behave in bathrooms because it has to be proven they knowingly engaged in the act and remained. Tucker continued to express concerns with the vagueness in the legislation. Payton said if an attempt to exit is made then they won’t be found guilty.

TESTIMONY
Jessica Disney, a transgender woman, spoke against the bill. Disney shared concerns of increased harassment to the transgender community. She told the committee she has been harassed at bathrooms. She blames the rhetoric and fear mongering for these types of situations.

“Do I need to wear my identification papers or a special symbol for all to see when I enter the restroom so people can identify me?” she asked lawmakers.

Disney shared concerns about whether members of the trans community would have to show their sexual organs to police officers when the police are called to resolve disputes the bill is aiming to address.

Sarah Everett, policy director for the ACLU of Arkansas, also spoke in opposition of the bill. She claimed this would be the most extreme bathroom ban in the country.

“No harm required, no criminal intent required here, it simply criminalizes trans people for washing their hands in a bathroom when a minor is present,” Everett said.

Luke McCoy, development and communications director for the Family Council, spoke in favor of the bill. He said the Family Council worked with Payton to craft the bill. McCoy said the bill is proactive and is a bill that could have been used in the past. He disagreed with opponents who said the bill would criminalize trans people.

“The bill doesn’t prevent the opposite sex from walking into restrooms, but it does prohibit adults from remaining in a restroom when a minor is present,” McCoy said.

In his closing remarks, Payton disagreed with critics of the bill and reiterated why he filed the bill.

“I don’t see the bill as an extreme measure at all. I have 12 grandkids and six of them are girls and 6 are boys,” he said. “As far as I know, none of them are confused in the restroom or changing facility, but I’d like for them to have the opportunity to use the restroom or changing facility without being exposed or exposing themselves to a member of the opposite sex.”

The bill was passed by the committee, with Tucker and Sen. Stephanie Flowers, D- Pine Bluff, and vice-chair of the committee, voting against it. It heads to the Senate floor for consideration.