West Texas city approves transgender bathroom ban

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ODESSA – The City Council on Tuesday banned transgender people from using restrooms outside of the gender assigned to them at birth after an emotionally charged exchange between residents and city leaders.

In a 5-2 vote, council members expanded a 1989 ordinance banning people from entering restrooms of the opposite sex, suggesting they did so to protect Odessa residents and their own families.

Residents appealed to the council, arguing that such proposals would be divisive, incite fear in the community and put further strain on city services.

“Not only is it unnecessary, it is a complete waste of the city’s time, money and resources,” Alexander Ermels, president of PFLAG’s Midland and Odessa chapter and a transgender man, said during public testimony. PFLAG is one of the oldest LGBTQ+ advocacy organizations in the United States

“This doesn’t address any real problem in our community,” Ermels said. Instead, it’s about creating a problem and making people worry about something that simply isn’t a problem.”

Advocates nationwide called the move one of the most extreme measures by a local government that further endangers LGBTQ+ participation in public spaces. It follows a legislative session in which lawmakers filed more than 100 bills aimed at regulating the lives of LGBTQ+ Texans. And it could lay the groundwork for a statewide version of the regulation — similar to one that the Texas Legislature failed to pass in 2017.

And while the Odessa City Council first debated the issue earlier this summer, its passage comes at a time when Republicans across the U.S. and Texas have stepped up their attacks on transgender people and the politicians who have supported them.

It’s also the latest move by a conservative mayor and his City Council allies to push this West Texas city even further to the right. The council previously passed an anti-abortion ordinance that was largely consistent with state law. Mayor Javier Joven, who is up for re-election in November, said his mission was to help the city “turn around.”

Under the amended ordinance, the city can impose fines of up to $500 and trespassing charges if a transgender person uses a restroom that corresponds to the gender they identify as. The sweeping new terms also allow individuals to seek damages of at least $10,000, plus litigation costs and attorneys’ fees.

The ban applies to “any building, facility or space owned, rented or controlled by or leased to the City of Odessa, including, but not limited to, community centers, libraries, airports, parks and administrative office buildings.”

Excluded are parents of children of the opposite sex who are younger than 12 years old, maintenance and supervisory staff, police officers and medical emergencies.

Councilman Chris Hanie insisted he introduced the ordinance to protect the safety of his daughters and grandchildren.

“There was never any fear. “I don’t care who you are and what you do in the privacy of your home is your business, but I don’t need to see it in public,” Hanie said.

Jonathan Saenz, the president of Texas Values, a conservative and religious think tank, who attended the meeting and spoke extensively on behalf of the ordinance, assured local officials that the ordinance would withstand legal scrutiny.

Responding to public statements, Joven said the city would not encourage police officers to monitor the identities of residents who use public restrooms.

Statewide advocates questioned the legal integrity of the ordinance and questioned whether local officials can enforce it without overwhelming the courts and the city with lawsuits.

Brian Klosterboer, an attorney with the Texas chapter of the American Civil Liberties Union, said the ordinance exposes the city to liability and “puts a target on its back.” Unlike the Legislature, which is protected by sovereign immunity and cannot be sued, the city is at risk of increasing legal challenges.

He also said it’s rare for local ordinances to allow new types of lawsuits.

“The police or even neighbors might question their gender and try to enforce this type of ordinance, which leads to a lot of bigotry, hate and division,” he said. “Ultimately it will make our communities less safe because people will police each other.”

Johnathan Gooch, communications director for Equality Texas, a statewide advocacy group, said it was a disheartening decision by local officials in Odessa, adding that it was one of the toughest ordinances he and the organization had seen outside of school boards.

Gooch said this puts transgender people at increased risk of discrimination. Texas law does not protect individuals from discrimination based on their sexual orientation, gender identity, or expression.

“It’s a very aggressive way to alienate transgender people from public life, and I think it goes against the spirit of friendship that most Texans embody,” he said. “It allows vigilantes to just target anyone they think doesn’t fit the type of gender expression they expect to see in the bathroom, and that’s really crazy.”

During the 40-minute public hearing, residents called on the city to drop the proposal and refocus on pressing everyday issues.

Gale Norris, a lifelong resident who works for the city’s human resources department and is a transgender woman, said the ordinance would inspire neighbors to turn against each other and questioned police officers’ ability to monitor every restroom.

“We already have our hands full addressing the city’s workforce issues, improving our infrastructure and reducing our budget so we can serve people better and more efficiently,” she said. “I want to do as much good for the city as this council does, but I don’t think this is the right path.”

McKayla De La Rosa, a sophomore at the University of Texas at the Permian Basin, did not plan to testify. However, after hearing the discussion between council members and residents, she decided to make her voice heard.

She told the city council that she needed to leave the city to pursue a doctorate degree, which the university does not offer. When she is finished, she wants to return to Odessa. This regulation could deter them.