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Transgender Legal Advisor

Ladies Rooms & Legal ID

By Carolyn Woodward


Got a legal question? Having some problems with the law? TG Attorney Carolyn Woodward will try and answer your questions. Contact her via Email at carolynWWD@aol.com or message publisher Cindy Martin and we'll make sure she gets your question.


Q:

"I am soon to make my first public appearance as Donna. I am concerned with a legal issue. I am going shopping in a mall, en femme, alone. What if nature calls? Is it illegal for me to enter the ladies room to relieve myself? What is the likelihood of my getting in trouble if I just enter, do my business, and leave? (I live in California). Thanx "

A:



This is a topic I've written about before, but it certainly never hurts to bring it up again. First of all Donna, congrats on that first big step out into the world. Are you going out with an experienced friend? Or alone? I recommend with an experienced friend. That way, you can follow her lead. But, to your specific concern. Thank you for letting me know where you live, Donna, it can make a difference. Since you are fortunate enough to live in California, what you propose is legal. It is only illegal here to loiter about public toilets for lewd or lascivious purposes—which is touching one's genitals, buttocks, or breasts (female) for the purpose of sexual gratification. If all you are doing is using the restroom for its intended purpose you are not breaking the law. Oh, and by the way, dear, its time for a lesson. If you go in, relieve yourself, and leave, you will stick out like a sore thumb. Hows the make-up holding up? Need more lipstick? Hair still in place? You can, and should, tend to these things as well. On the practical side, while you are still new to public appearances, you might consider places with single occupancy rest rooms. That will guarantee that you are alone. It can be difficult early on to go to the ladies room and stand in line without a little bit of panic. That's one of the reasons you should go out with an experienced friend if possible. She will have already had that experience, and can go to the ladies room with you for reassurance and moral support. For any of you reading this who are not in California, I suggest checking local laws first. You should consult an attorney, or at the very least check with an established gender organization which may have had the issue researched. You may find you can use the ladies room only if you are a TS in transition, or perhaps not at all. If that is the case, use the men's room. That can be an interesting experience, too. You will clear the guys out, they will studiously ignore you, or will enter and promptly leave. One Halloween I was going to a party in San Francisco and my garb was 17th century— which meant I wore hip forms about three feet across under my skirt. There was no way I could get into the stall in the ladies room, so I went to the men's room and used the urinal. (Many in our community would not use the men's room when out and dressed under any circumstances, but I've been going out in public long enough that sometimes expediency will rule the day—this was one of those.) Sure enough, a man came in while I was standing there, took one look, said, "Oh, my!" and left. No big deal there, either. No matter where you live, be sure to check the local laws, comply with them, and if the ladies room is open to you, then remember to do the community at whole a favor by being polite and discreet.

Q:


Thanks for your lucid answers to the complicated questions people have posed to you. I have a different situation, and I'm not sure there's a legal alternative. I'm a happily married CD, 34, nominally passable (whatever that means) who enjoys an active social life as Jennifer. Fortunately, or unfortunately, I look ten years younger when I'm dressed, which leads to one problem: I often get carded at restaurants, bars, and nightclubs. My only alternative is to show them my drivers license with my male name and photo, and this is disconcerting for me and certainly raises some eyebrows as they compare the photo to the person in front of them. Part one of my question is: is there a simple, legal way to procure alternative identification? I'd rather not get an ID with my female photo and male name, if that's the only choice. There are also "novelty ID" shops that provide what looks very much like a state ID, complete with holograms, etc. What are the possible penalties for being caught with such an ID? Part two is more complicated. We had a case here in Massachusetts recently where a father kidnapped his children (20 years ago) and relocated, in the process establishing a new identity complete with birth certificate and Social Security number. The press described how easy this is for someone with a bit of money, and in fact the prosecutors are not pursuing any charges related to the mis-identification, as it wasn't used to defraud the government or anyone else, only to hide from the mother. For a TG person, how dangerous is this?

A:

 


A couple of good questions, these. With regard to the first part, an alternative ID, that will depend upon where you live and what qualifies as alternative I.D. in terms of getting into bars, etc. If you are looking for official ID, then go to your department of motor vehicles— whatever it may be called, and see if you can get an ID card, something often issued for ID to people who have no license, with your femme name and photo. Most won't question it if it is official, just be sure to give your real license to any cops who stop you. The states I'm familiar with won't do that, but I throw it out as a possibility, not knowing where you live. If you live in one of those places which won't do so, then you need to try for some other, unofficial ID. What would qualify? Well, you could enroll as a part-time student in a local college and use a student ID—so long as it has a date of birth, these are often accepted for casual purposes. Another possibility might be a check cashing ID. In California we have check cashing places which issue their own ID, and I have seen people use these, sucessfully, to identify themselves. See if one of these places will issue an ID with the appropriate name and photo. Avoid, at all costs, the places which will issue the ID's which look like the state ones. That is a sure way to get in trouble. Most bouncers know the difference, and some places have a policy of calling the police on fake ID's. Here in California that kind of false documentation can be charged as a felony, with up to 3 years in prison. I would not imagine your state being any different. With regard to establishing a new identity, like the kidnapper you describe, I would not advise it. Yes, there are ways to do it if you have money, and they tend to involve crimes along the way. At least the techniques I know of, which don't involve court ordered—therefore traceable—document changes, are illegal. If anyone knows a strictly legal way to create an identity I would be fascinated to hear about it. The one everyone knows about from television, taking on the identity of someone who was born in the same year, but died shortly after birth, is called false personation, and it is also illegal. It also carries, in this day and age, great risk of getting caught. For instance, when you ask for a duplicate birth certificate, a computer check could be run to check against death certificates. When you apply for a social security number, assuming you get the birth certificate, you will create suspicion because with the exception of immigrants, adults simply do not apply for their first social security number. In these days it is done for children, and even adults my age (who did not need them till they started working) who have never worked got them years ago because the IRS has, for years, disallowed exemptions for any person not having one who was over the age of two. In other words, don't do it. I can offer an alternate suggestion, not as a lawyer, because legal issues aren't involved, but just as a matter of practicality. It involves a little chutzpah (I won't swear by the spelling here), and some make-up skills. It also assumes your state allows name changes without court orders or marriage certificates. Here in California, for instance, we can change our names on our driver's license by filling out a form. The new license has the new name, and the computer keeps the old one as an A.K.A. (You can't change gender that easily, but no one generally checks that anyway.) The first step in preparation is to style your hair (real or a wig) into an androgynous style. Then, apply minimal make-up. Hide your beard, wear a neutral colored lipstick, a touch of blush, a little mascara and lightly touch up your eyebrows. Put on something you could wear as male or female, such as a t-shirt, or turtle neck. The idea is a effect an androgynous look, and not look like you have any make-up on. Practice it a lot. You want to get it to the point where the viewer will accept the photo as the gender in which you present yourself. Then, you go to the DMV and change your name by adding a gender neutral first name (Sandy, Lynn, Leslie, etc.). It will still have the "M" in the gender spot, which most people don't check, but you have an ID which will work either way. You simply don't use the new first name in everyday life, a fairly common practice. It is a compromise solution, yes, but it is workable. Anyway, I hope this was helpful. As always, please keep in mind that these are general reflections on the questions raised, and not specific legal advice. Before proceeding with anything involving a legal issue, check with a lawyer in your state to be sure you are doing it properly and within the law.

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