Transgender locker room use creates firestorm

Jul. 24—A brouhaha on social media about a transgender woman using the woman's locker room at the Waynesville Recreation Center has caused quite a stir on social media, but a police investigation has determined the Facebook post was based on false information.

Last Tuesday, the Waynesville Police Department began investigating a report of "inappropriate behavior" at the rec center, spurred by a Facebook post from a local youth pastor that caused a tsunami of online outrage. The post claimed that two girls had witnessed a transgender woman change into a bikini in the women's locker room.

However, the individual never entered the women's locker room, and instead used the private family bathroom when visiting the rec center to swim, according to the police investigation.

The town released a statement Sunday evening crafted by Waynesville town attorney Martha Bradley outlining the steps taken in the investigation, which concluded no town policy was violated nor any criminal activity occurred.

The statement said that the transgender individual had used the family locker room, the pool and the sauna, but surveillance footage from video cameras inside the rec room showed they never entered the women's locker room at any point.

"There is no indication from security footage that this person entered or exited the women's locker room," the statement said. "Additionally, no children appear to be in or near the pool area at same time."

The family locker room includes three changing areas with floor to ceiling concrete walls and floor to ceiling wooden doors, meaning no one could have witnessed someone else changing inside one of these stalls, even by accident.

"Based on the investigation of WPD and Town staff, the allegations in the July 12 Facebook post cannot be verified," Bradley indicated.

The town never received a complaint about the allegations made in the Facebook post.

However, on July 18, the town was contacted by different person, complaining the same transgender individual had used the sauna while wearing a two-piece bathing suit. While the complainant was bothered by sharing the sauna with a transgender individual in a bikini, they remained "appropriately clothed" in a bathing suit the entire time and had no interaction, according to statements the complainant made to police during the investigation.

"There is no evidence suggesting any violation of town rules, policy or ordinance or any criminal act occurred at any time," according to Bradley. "Absent a new complaint to WPD providing additional information concerning the identity of the minors or adult females involved, the claims made in the Facebook post have no factual basis."

The fabricated post seemed to stoke the flames of an already hot topic around transgender issues, prompting more than 200 comments on the Facebook. Some of the comments threatened violence toward the transgender individual.

"If the law can't do nothing about these idiots, then the redneck way will come," one threatening comment read. "They better have made plans at funeral home before I see it around my grandkids or any other female and kids. If anybody [sees] this individual or any like that, please message me and I will leave work or [wherever] I am and come take care of this problem."

On Tuesday, Waynesville Councilman Anthony Sutton released a statement about the events that unfolded.

As a member of the LGBTQ+ Community and Council Member for the Town of Waynesville, I am deeply troubled by the continued vilification of our transgender citizens," Sutton's statement read. "It's disheartening to see this level of hostility being leveled at such a historically marginalized group of people; and there is no place in Waynesville for these kinds of cold-hearted, calloused and libelous attacks. I commend our wonderful Police Department in taking this investigation seriously and without prejudice. I want all of Waynesville's citizens to know that I will always fight for them; regardless of race, religion, gender or sexual orientation. I know first hand the difficulties faced when others try to disparage the love I have for my husband. But our community is made from all walks of life and together our light cannot be diminished; and that is what makes me proud to call Waynesville home."

Law of the land

The formal statement issued by the town attorney referenced the legal precedent for public restroom use by transgender individuals. The current precedent that applies in North Carolina came from a Fourth Circuit Court of Appeals' ruling in the case "Grimm v. Gloucester County School Board," a case regarding a transgender boy in Virginia who faced discrimination from his school district.

The court found the school district had violated Grimm's rights under the Fourteenth Amendment to the U.S. Constitution and Title IX of the Education Amendments of 1972.

"As a result, either enacting or enforcing any ordinance, rule or policy to the contrary could subject the town to liability for damages resulting from civil rights violations," Bradley said, citing the Fourth Circuit ruling.

The N.C. General Assembly took up the controversial issue of bathroom use by transgender individuals in 2017. According to the state bill, municipalities "are preempted from regulation of access to multiple occupancy restrooms, showers or changing facilities."

"The town has no lawful authority to impose any limitations or requirements on access to either by any person," Bradley said in a statement.