Kentucky Bill Says Students Who See a Trans Classmate in the Bathroom Can Sue School for $2500
A heinous bill being proposed by a Kentucky lawmaker aims to shut transgender students out of school bathrooms altogether, holding schools liable if an “aggrieved” student encounters a transgender student in the bathroom.
Under the terms of The Kentucky Student Privacy Act, introduced by Republican Senator C.B. Embry as an “emergency” bill (read it below), students can sue the school for $2500 if they find a transgender student using the facilities.
Embry is declaring the bill an “emergency” because “situations currently exist in which the privacy rights of students are violated.”
A student who is aggrieved under this subsection and who prevails in a court of jurisdiction:
1. May recover two thousand five hundred dollars ($2,500) from the offending school for each instance in which he or she encountered a person of the opposite sex while accessing a school restroom, locker room, or shower room designated for use by the biological sex of the aggrieved student;
2. May recover monetary damages from the offending school for all psychological, emotional, and physical harm suffered; and
3 Shall be entitled to recover from the offending school reasonable attorney fees and costs associated with the claim.
The bill also attempts to make it as onerous as possible for the school to deal with accommodations for a trans student:
A student who asserts to school officials that his or her gender is different from his or her biological sex and whose parent or legal guardian provides written consent to school officials shall be provided with the best available accommodation, but that accommodation shall not include the use of student restrooms, locker rooms, or shower rooms designated for use by students of the opposite biological sex while students of the opposite biological sex are present or could be present.
Acceptable accommodations may include but not be limited to access to single-stall restrooms, access to unisex bathrooms, or controlled use of faculty bathrooms, locker rooms, or shower rooms.
While accessing a restroom, locker room, or shower room designated for use by his or her biological sex, a student encountering a person of the opposite biological sex shall have a private cause of action against the school if school personnel:
1. Gave the person encountered permission to use facilities of the opposite biological sex; or
2. Failed to take reasonable steps to prohibit the person encountered from using facilities designated for use by the opposite biological sex.
According to Think Progress, Embry opposed a sweeping anti-bullying bill that would have protected LGBT students in 2013 saying the state’s anti-bullying laws were sufficient:
“We have a death penalty against rape and murder but they still happen,” he said at the time.
Looks as though trans students in Kentucky need protection from him.
Here’s the bill:
Andy Towle
