Legal Advisor
"My legal question is this: In Mildred L. Brown's Book, "TRUE SELVES" she stated that, ' From a legal standpoint, transsexuals in transition are not prohibited from using public facilities designated for the opposite anatomical sex.' Where can I go to get proof of this statement, not only for myself, but for all of my sisters out there. So as not to create an unnecessary problem. I have everything I need at work, but I must protect my clearance for work when I'm out in public."
I haven't read Mildred's book yet so I can't comment on any necessary content, but taken at face value, that is also my understanding.
HOWEVER!!!!!!!! Laws vary from state to state, and it never hurts to double check. There is no absolute document of "proof" that will apply to everyone.
Some states, like California, don't have any laws regulating the matter, and some do regulate the issue. Also, those who are transitioning are in a different legal status than those who are cross-dressers, or post-op transsexuals. It may be legal for those transitioning to use the ladies' room, but are there any requirements, such as some sort of certification from a therapist, which grant immunity from prosecution? I can't say that may not be necessary somewhere in the country. I'll say it again - check with a lawyer in your state, or at least with a major gender organization (which has probably already researched the issue).
What about the rest of us? Well, those who are post-op are, to my knowledge, universally recognized in their changed status, so no problems. Those who are cross-dressers, whether casual or full-time, may have some difficulties depending on location. Those persons in this spectrum (which includes myself) need to check. If you live in California, then there is no problem. The only law on the books addressing the issue is Penal Code 647, which covers disorderly conduct. One section of this statute makes it illegal to loiter in or about a public toilet for the purpose of engaging in, or soliciting lewd, lascivious, or unlawful acts. So, in this state, you have to be loitering with a specific unlawful intent. If you are there to use the restroom for its legitimate purpose, you're fine.
Not all laws are this clear. For example, this same statute had been changed a few years ago to include "offensive" conduct. That has been removed, and appropriately so, because offensive is not sufficiently clear to give notice as to what is prohibited. I mean, by some standards one could be arrested for loitering for the purpose of picking one's nose. But, some statutes may contain traps like the word offensive. I may be unconstitutionally vague, but do YOU want to be the test case? Be clear on what is permitted in your state, and stay within the law.
One final word on the topic. No matter what the law, be polite, courteous, and careful. You may know your rights, but other people probably don't.
True story coming up.
Several years ago I got a call from a lady who wanted to sue a McDonald's manager. It seems a tour bus discharged a group of male Japanese tourists. The first thing they did was to head for the restrooms - both of them. (In many oriental countries there is no sex distinction in restrooms - or even restrooms in the more rural spots.) Well, this woman feared her little girl, who was in the ladies room, was going to be scarred for life, and asked the manager to do something. He declined, and hence the call. When she was advised that what they did was perfectly legal she had a fit and made a few choice comments regarding my ancestry, competence, etc.
Now, this reaction was to a group of men, who were dressed as men. Imagine the reaction to a man dressed as a woman such a person would have. You might not get arrested (no guarantee there either), but your evening would be ruined at the least.
Well, there you have my $114.00 worth. In summary, always be sure you know the law, and any quirks thereof, in your state, and follow it. And while following the law, always remember to be a good representative of our community by praction courtesy and discretion.