Gov. McCrory: North Carolina Enforcing Anti-Trans Law As Trespassing

Start your day with TPM.
Sign up for the Morning Memo newsletter

North Carolina Gov. Pat McCrory (R) this week said that the state will enforce HB2, the law passed in March that keeps transgender people from using the public bathroom that aligns with their gender identity, like trespassing law.

“We’re using trespassing laws that we were using before House Bill 2, we’re using that now,” he told reporters at a ribbon cutting for a candy plant on Thursday, according to a video from North Carolina journalist Bryan Anderson. “But you know, it’s just basic privacy rights and that’s trespassing and we’ll continue to do that just like we were doing long before the Charlotte ordinance. So nothing’s really changed in that regard.”

When McCrory first signed the sweeping anti-LGBT bill into law, schools and cities were left confused about how the law would impact them since text of the law did not offer any guidance on how the law should be enforced.

In addition to the provision regarding bathrooms, HB2 keeps local governments from passing non-discrimination ordinances to protect LGBT people and eliminates the ability for people to sue in state court if they feel they were fired discriminatorily.

Shortly after the legislation was signed into law, police departments contacted by Mother Jones said that they would not be patrolling bathrooms or checking birth certificates.

“That’s a very interesting question. We don’t have police officers sitting at public bathrooms all day long,” a spokesman for the Raleigh police department told Mother Jones when asked about enforcement in April.

And Damien Graham, a spokesman for the Raleigh police department told NPR earlier in May that the department is unable to enforce the law.

“If we get a complaint, we will respond to that complaint just as we would any other complaint, but we wouldn’t have a means of penalizing someone,” Graham said. “We couldn’t arrest someone, for example, for using potentially the wrong restroom.”

NPR reached out to several police departments across the state, and the 10 that responded said they haven’t received any complaints about people using the wrong bathroom.

And the Charlotte-Mecklenburg police department recently told the Charlotte Observer that the law “does not provide for any criminal sanction or other legal remedy for a violation.” Spokesman Rob Tufano added that businesses can establish their own policies.

“In either case, CMPD’s role will be limited to enforcing indecent exposure, trespassing, and other criminal laws, he said.

Latest Livewire
90
Show Comments

Notable Replies

  1. I swear to god, if this increasingly Nixonesque shitstain gets reelected, I’m outta here. Might as well go back to Kentucky where I can endure ignorance and bigotry in a form that is at least homey and familiar to me.

  2. Before we start on this subject, let’s all remember to try, try, please try to avoid the flag… we don’t need another article’s commenting to be shut down because the recent influx of trolls has gotten us telling them to F’off.

  3. Why limit that to public restrooms - certainly these trans people are trespassing just by going into a public building.

    One would think that having already lost thousands of jobs and millions of dollars for his state that even the most stupid politician would stop digging… someone get a 2x4 and whack him across the head already.

  4. Yes, of course. For years in North Carolina when police suspected someone of trespassing their questioning centered on whether the person looked like a male or female, what was on their birth certificate, followed by speculation of what their genitals looked like and was anyone else on the premises embarrassed about the size of their dick.

  5. Republicans sure are intent on forcing the government to interfere in citizens’ most private of affairs.

Continue the discussion at forums.talkingpointsmemo.com

84 more replies

Participants

Avatar for srfromgr Avatar for littlegirlblue Avatar for brooklyndweller Avatar for ncsteve Avatar for trnc Avatar for steviedee111 Avatar for george_spiggott Avatar for squirreltown Avatar for Lacuna-Synecdoche Avatar for inversion Avatar for magical_panda Avatar for maxaroo Avatar for pb Avatar for jcblues Avatar for dnl Avatar for darrtown Avatar for jinnj Avatar for skepticbill Avatar for ljb860 Avatar for demyankee Avatar for briannaamore Avatar for home_invader Avatar for abacusdog Avatar for dorkmeister

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: