Public Facilities Privacy & Security Act

The Public Facilities Privacy & Security Act, officially called An Act to Provide for Single-sex Multiple Occupancy Bathroom and Changing Facilities in Schools and Public Agencies and to Create Statewide Consistency in Regulation of Employment and Public Accommodations, but commonly known as House Bill 2 or HB2, is an act passed in the U.S. state of North Carolina in 2016. It has been described as the most anti-LGBT legislation in the United States.[1][2][3][4]

One contentious element of the law eliminates anti-discrimination protections for gay, transgender and intersex people, and legislates that in government buildings, individuals may only use restrooms that correspond to the sex on their birth certificates.[5][6] This has been criticized because it prevents transgender people who do not or cannot alter their birth certificates from using the restroom of their gender:[5] in North Carolina, only people who undergo sex reassignment surgery can change the sex on their birth certificates, and outside jurisdictions have different rules, some more restrictive.[7] The legislation changes the definition of sex in the state's anti-discrimination law to "the physical condition of being male or female, which is stated on a person's birth certificate."[8][9][10]

The act also prohibits municipalities in North Carolina from enacting anti-discrimination policies,[11] setting a minimum wage above the statewide minimum, regulating child labor, or making certain regulations for city workers. The legislation also removes the statutory and common law private right of action to enforce state anti-discrimination statutes in state courts.[12]

On May 4, 2016, the United States Department of Justice notified Governor Pat McCrory, the North Carolina Department of Public Safety, and the University of North Carolina system that House Bill 2 violates Title VII of the Civil Rights Act and Title IX of the Education Amendments of 1972.

Background and passage

Ordinance 7056

On February 22, 2016, the Charlotte City Council passed, by a 7-4 vote, Ordinance 7056, a non-discrimination ordinance prohibiting discrimination on the basis of sexual orientation or gender identity in public accommodations, passenger vehicle for hire, and city contractors. It was to take effect on April 1, 2016.[13][14]

Overrule with House Bill 2

On March 23, 2016, North Carolina House of Representatives passed House Bill 2, with 82 in favor and 26 against and 11 excused absences. About three hours later, the North Carolina Senate also passed the bill, with 32 in favor, 11 not voting, and 6 excused absences. That same day, it was signed into law by McCrory.[8]

Opponents of the amendment claim that the amendment was sloppily-written, overreaching, and that the wording abolished single-sex bathrooms.[15] Representative Dan Bishop went on to cite this as reasoning for the state to disallow local ordinances.

Employment lawyer Robin Shea argued that the even prior to HB2, the North Carolina Supreme Court had ruled in 2003 that local ordinances, such as the Charlotte amendment, were already unconstitutional (in Williams v. Blue Cross Blue Shield of NC) and therefore that these provisions would not have had any effect.[16]

Sentiment

A majority of North Carolina residents oppose House Bill 2, and agree that it has negatively impacted the state's economy and public image.[17][18][19][20] 56% of North Carolinians, however, agree with the provision barring transgender individuals from using bathrooms corresponding to their gender identity.[19][20] Residents of rural communities within the state have been more supportive of House Bill 2 than those of urban areas.[21][21]

Criticism

Political

Roy Cooper, North Carolina Attorney General and the Democratic candidate for the 2016 North Carolina gubernatorial election, expressed his disapproval with the law.[22] Cooper pledged to not defend House Bill 2 in court,[23][24] a decision met with criticism by Governor McCrory.[25]

Some Republican U.S. presidential candidates have publicly stated they would not have signed House Bill 2, including Ohio Governor John Kasich and businessman Donald Trump. Kasich defended his position against the law by saying, "Why do we have to write a law every time we turn around in this country? Can’t we figure out just how to get along a little bit better and respect one another?"[26][27] Speaking about the economic impact that House Bill 2 has had on North Carolina, Trump said, "North Carolina did something that was very strong and they're paying a big price and there's a lot of problems"; and, when asked which restroom a transgender person should use in one of his buildings, he said that they should use whichever one they're most comfortable using.[28]

Local government

In response to the restrictions on local governance and LGBT protections, several North Carolina cities and municipalities passed resolutions opposing House Bill 2.

Federal government

Commission on Civil Rights

On April 18, 2016, the United States Commission on Civil Rights issued a statement stating that House Bill 2 "jeopardizes not only the dignity, but also the actual physical safety, of transgender people."[43][44]

Obama Administration

On April 22, 2016, during a press conference in London, U.S. President Barack Obama called for House Bill 2 to be repealed.[45][46]

Commercial

Large American corporations have been a driving force behind the movement to repeal House Bill 2.[47][48][49][50][51]

Hundreds of companies have publicly announced their opposition to the law.[52][53][54][11][55] On March 29, 2016, an open letter signed by 80 corporate CEOs against House Bill 2 was sent to Governor McCrory.[56]

On April 19, 2016, in response to bathroom bills in North Carolina and other states, Target announced that their customers and employees may use the bathroom or fitting room associated with their gender identity.[57][58]

Press

The Charlotte Observer,[59] The New York Times,[60] The Washington Post,[61] The Chicago Tribune, News & Record,[62] The News & Observer,[63] Asheville Citizen-Times,[64] and The Fayetteville Observer[65] have all condemned House Bill 2.

Public figures

Public figures, including Barack Obama,[66] Hillary Clinton,[67] Caitlyn Jenner,[68] Laverne Cox,[69] Chris Sacca,[70] George Takei,[71] Clay Aiken,[72] Ringo Starr, Stephen Schwartz, Michael Moore, Demi Lovato, Nick Jonas, Bruce Springsteen,[73] Bernie Sanders,[74] George Clooney,[75] Charles Barkley,[76] Kathy Castor, Maggie Hassan, Ellen DeGeneres, Jimmy Buffet,[77] Rob Reiner, Gregg Allman,[78] Laura Jane Grace,[79] Debra Messing,[80] Jane Fonda,[81] Lily Tomlin,[81] Ani DiFranco,[82] Cyndi Lauper,[82] Sherman Alexie,[83] Brandi Carlile,[83] J. Tillman,[83] Joel McHale,[83] Christina Baker Kline,[83] Peter Frampton,[83] Melissa McCarthy,[83] Neil Gaiman,[83] Henry Rollins,[84] Stephen Colbert, Jamie Lee Curtis,[85] Nils Lofgren,[85] James Corden,[85] Billy Bragg,[85] and Beyoncé[86] have publicly denounced House Bill 2.

On April 19, 2016, Stephen Colbert opened The Late Show with Stephen Colbert discussing the controversy surrounding the law while actors portraying Robert E. Lee and Abraham Lincoln kissed in the background.[87]

International

United Kingdom

On April 21, 2016, Britain's Foreign and Commonwealth Office issued a travel advisory directed at their LGBT citizens visiting the United States, specifically North Carolina and Mississippi. In it, they said, "The U.S. is an extremely diverse society and attitudes towards LGBT people differ hugely across the country. LGBT travellers may be affected by legislation passed recently in the states of North Carolina and Mississippi."[88][88][89][90] The Human Rights Campaign called it "both frightening and embarrassing that one of our nation's staunchest allies has warned its citizens of the risks" of travel.

In a parliamentary answer to Labour MP Cat Smith, Foreign Office Minister Hugo Swire said the British government had expressed concerns to the authorities in North Carolina; stating, "Our Consul General in Atlanta raised our concerns with the North Carolina Commerce Secretary on 19 April...This Government is opposed to all forms of discrimination. We are committed to ensuring that all LGBT people are free to live their lives in a safe and just environment."[91]

Support

McCrory applauded the passage of the bill, referring to transgender people by their assigned sex and saying the ordinance approved by Charlotte's city council had "defied common sense,"[92] despite four months earlier stating that "transgender identity is a complex issue and is best handled with reason and compassion at the local level."[93] McCrory has claimed that news outlets critical of House Bill 2 are "distorting the truth" and "smearing [the] state."[94][95] Defending House Bill 2 during a press conference, McCrory stated that the law did "not [take] away any rights,"[96] but his interpretation has been widely disputed.[96][97][98][99][100][101]

On March 28, 2016, two religious organizations, the NC Values Coalition and the Keep NC Safe Coalition, released a list of forty-one businesses which the organizations claimed had signed a letter of support for HB2. The organizations claimed their list included over 300 businesses but could only publicly list forty-one of them because others were afraid of retaliation.[102] The only national company listed, Hanesbrands, was subsequently removed after it was learned that a single employee had listed the company without the company's permission. At least one other company has been removed from the public list for similar reasons.[103]

On April 25, 2016, hundreds of supporters gathered at the Halifax Mall in downtown Raleigh. The rally began with pledges of allegiance to the American flag, to the Christian flag, and to the Bible. Speakers focused on the section of the law that requires people to use bathrooms in public facilities that correspond to the gender on their birth certificate and quoted biblical scripture in defense of the law. The crowd was encouraged to visit legislators’ offices in show of support and to boycott Target, which had recently announced that employees and customers could use the restroom and fitting room that correspond to their gender identity.[104]

US Sentator from Texas and U.S. Presidential candidate Ted Cruz declared his support for House Bill 2 at a MSNBC town hall in Buffalo, New York, saying "men should not be going to the bathroom with little girls.”[105]

Economic impact

Although the full economic impact of House Bill 2 on North Carolina's economy is largely unrealized, some early economic consequences have been noted.

Some companies have halted or are reconsidering their plans to expand to North Carolina as a result of the passage of House Bill 2.

On April 14, 2016, a San Diego-based electronics audio company, 1MORE USA Inc. announced it will suspend its sales to North Carolina.[112]

During an appearance of Governor McCrory Meet the Press on April 17, 2016, host Chuck Todd said that, by his conservative estimate, North Carolina has lost at least US$39.7 million in revenue as a result of House Bill 2.[113][114][115]

On April 22, 2016, Time Warner Cable News North Carolina estimated that HB2 had to date cost North Carolina more than 1750 jobs and more than $77 million-worth of investments and visitor spending.[116]

Tourism and hospitality

States and municipalities banning publicly-funded travel to North Carolina
  Publicly-funded travel banned by state government
  Publicly-funded travel banned by city and state government
  Publicly-funded travel banned by county government
  Publicly-funded travel banned by city and county government
  Publicly-funded travel banned by city government

As of May 4, 2016, the states of Connecticut,[117] Minnesota,[118][119] New York,[120] Vermont,[121] and Washington,[122] the District of Columbia,[123][124] the counties of Cuyahoga (Ohio),[125] Dane (Wisconsin),[126] Franklin (Ohio),[127] Los Angeles (California),[128] Montgomery (Maryland),[129] Multnomah (Oregon),[130] and Summit (Ohio),[131] and the cities of Atlanta,[132] Boston,[133] Chicago,[134] Cincinnati,[135] Columbus,[136] Dayton,[137] Honolulu,[138] Los Angeles,[139] Madison,[126] Miami Beach,[140] New York City,[141][142] Oakland,[143] Philadelphia,[144] Portland (Maine),[145] Portland (Oregon),[146] Providence,[147] Royal Oak,[148] Salt Lake City,[149] San Francisco,[150] Santa Fe,[151] Seattle,[152][153] Tampa,[144] West Palm Beach,[154] and Wilton Manors,[155] have issued travel bans in response to House Bill 2, barring government employees from non-essential travel to North Carolina.[156]

On March 28, 2016, High Point Market, the largest home furnishings trade show in the world and the largest economic event in North Carolina, issued a press release expressing concern for "hundreds and perhaps thousands" of customers boycotting their biannual event in April as a result of House Bill 2.[157][158][159]

Community Transportation Association of America canceled plans to bring 1,000 people to Wake County in June 2018 for a weeklong event, deciding instead to hold its event in Baltimore. Event organizers planned to book a total of 2,511 room nights and spend an estimated $1.7 million.[160]

Organizers of a planned “Record Store Day” canceled a three-day event for September. The Raleigh Convention and Visitors Bureau estimated this event would have generated $191,000 in economic spending.[160]

The Charlotte Regional Visitors Authority said that 29 groups have expressed concerns about their plans to host events in Charlotte, risking an estimated 103,000 hotel-nights for the city.[161]

The Raleigh Convention and Visitors Bureau, following four event event cancellations in the Raleigh area, cited House Bill 2 as the reason for a loss of US$700,000 in revenue. The bureau's CEO, Denny Edwards, likened the response to post-9/11.[162][163]

Hotel chain Westin said that 12 groups have inquired about cancelling events booked at Westin's Charlotte hotel, including the Southern Sociological Society, for which they will lose US$180,000 to US$4 million.[161]

On April 9, 2016, the head of the Los Angeles County Metropolitan Transportation Authority announced that he has barred agency employees from travelling to Charlotte, North Carolina for a conference.[164] Metro Transit announced it would also cancel plans to send employees to the same conference.[165] Central Ohio Transit Authority followed suit a few days later.[166]

On April 25, 2016, The American Institute of Architects announced that it will move its South Atlantic Region conference which was originally scheduled to be held Sep 29 through Oct 2 at the Wilmington Convention Center in Wilmington, NC. The four-day business conference accommodates between 1000-1200 people including architects, exhibitors, and speakers from North Carolina, South Carolina, and Georgia. In its statement, the AIA called for "the judicious and timely repeal of HB 2 in North Carolina as soon as the General Assembly convenes".[167][168]

On April 25, 2016, the W. K. Kellogg Foundation announced that they had cancelled plans to host a conference at The Omni Grove Park Inn in Asheville, North Carolina, at a loss of US$1.5 million to the state's economy.[169][170]

Film industry

Several filming projects have been canceled or are being reconsidered:

Entertainment

The NBA, NCAA, and ESPN's X Games have also spoken out against the law, with all three organizations reconsidering plans to host future sporting events in North Carolina.[178][179][180][181] In an interview with ESPN’sMike & Mike” radio show, NBA Commissioner Adam Silver said that the NBA had made itself clear to the NC governor and legislature that “it would be problematic for us to move forward with our (2017) All-Star game if there is not a change in the law.”[182][183]

Some musicians and entertainers have canceled shows in response to the law or are publicly boycotting the state until it's repealed:

Other musicians and entertainers have expressed feelings against HB2 but have chosen not to cancel shows or boycott:

The decision of whether to boycott or continue to play has conflicted several entertainers opposed to HB2. Shortly after canceling their NC concerts, Pearl Jam lead singer Eddie Vedder explained their decision, saying:[197][198]

We thought we could take the money and give it to them and still play the show. But the reality is there is nothing like the immense power of boycotting and putting a strain. And it's a shame, because people are going to be affected that don't deserve it. But it could be the way that ultimately is gonna affect change, so again, we just couldn't find it in ourselves in good conscience to cross a picket line when there was a movement...
Eddie Vedder

Federal funding

According to The New York Times, the Obama administration is determining whether House Bill 2 makes the state of North Carolina ineligible for "billions of dollars" in federal funding,[199] although some experts believe this isn't immediately likely.

Legal challenges

Carcaño v. McCrory

On March 28, 2016, a federal lawsuit challenging House Bill 2 was filed by the American Civil Liberties Union, the ACLU of North Carolina, Lambda Legal, and Equality North Carolina in the U.S. District Court for the Middle District of North Carolina.[200][201][202]

On April 21, 2016, Beverly Newell and Kelly Trent, a lesbian couple from Charlotte, were added as plaintiffs in Carcaño v. McCrory after being denied service by a fertility clinic in North Carolina.[203]

Department of Justice intervention

On May 4, 2016, the United States Department of Justice notified McCrory, the North Carolina Department of Public Safety, and the University of North Carolina system that House Bill 2 violates Title VII of the Civil Rights Act and Title IX of the Education Amendments of 1972, giving McCrory until May 9, 2016, to confirm that North Carolina will not implement or comply with the bill.[204][205][206][207] House Speaker Tim Moore indicated that this deadline would not be met.[208][209] Despite Moore's comment, McCrory said that the state will respond by the deadline.[210][211] Failure to comply could result in a halt of billions of dollars in federal funding to the state.[212]

Although McCrory and North Carolina lawmakers claimed that the Department of Justice's intervention was orchestrated by the Obama Administration, White House Press Secretary Josh Earnest said, "These kinds of enforcement actions are made independent of any sort of political interference or direction from the White House. Those are decisions that are made entirely by attorneys at the Department of Justice."[213]

Efforts to repeal or modify

Since signing the law, Governor Pat McCrory called on lawmakers to reverse a part of the law which prevents North Carolina workers who believe they've been wrongfully fired due to sex, age, race or gender from suing in state court. Representative Nelson Dollar (R-Wake) has said that House leaders would consider the request but defended this portion of the bill, saying that he believes federal court is a better option for pursuing job discrimination claims.[214] Majority Leader Phil Berger (R-Rockingham) also said that he would consider the governor's request but didn't see the need for any changes.[215]

Executive Order 93

On April 12, 2016, Governor McCrory signed Executive Order 93, officially called Executive Order No. 93 to Protect Privacy and Equality, regarding House Bill 2.[216][217][218] The executive order requires all state agencies to serve all people equally when providing government services;[216] reaffirms that private employers may, but are not required to, establish anti-discrimination policies;[216] and reaffirms that private employers may determine their own policies regarding use of bathrooms, locker rooms, and showers based on their own policies.[216] This includes when a private entity rents governmental facilities.[216] In the executive order, McCrory also supported new legislation restoring a cause of action in state courts for victims of illegal employment discrimination.[216]

Although McCrory promoted the executive order as a compromise in response to nationwide backlash, House Bill 2 remained largely intact,[219][220][221][222][223] and companies that spoke out against the bill reaffirmed their opposition.[224]

House Bill 946

On April 25, 2016, the first day back in session since House Bill 2 was passed in special session, Democratic legislators in the House of Representatives introduced House Bill 946, officially called An Act to Repeal House Bill 2 of the 2016 Second Extra Session and to Appropriate Funds to the Human Relations Commission.[225] The bill was filed by Darren Jackson, Graig Meyer, Susi Hamilton, and Grier Martin and co-sponsored by Ed Hanes, Rosa Gill, Yvonne Holley, and Chris Sgro. The bill currently has no support from Republicans, who control both chambers of the legislature, and a committee hearing has not yet been arranged or secured with chamber leaders.[225][226]

Senate Bill 784

On April 27, 2016, the Senate filed Senate Bill 784, identical to House Bill 946 filed two days prior by the House.[227][228][229] The bill was sponsored by Senators Terry Van Duyn, Jeff Jackson, and Mike Woodard. Senate Bill 784 was assigned by Senate Rules Chairman Tom Apodaca to the Senate's Ways and Means Committee,[229] a committee that hasn't met in over a decade, to which Senate Republicans send legislation to die that they deem undesirable.[229][230][231][232]

Fall 2016 election

Efforts to use the fall election to replace lawmakers who voted in favor of House Bill 2 with lawmakers who might repeal the law face several challenges including gerrymandering and low legislative pay. Ninety percent of the lawmakers who voted in favor of HB2 either have no opponent in the fall election or won their last race by more than ten percentage points. Additionally, North Carolina’s base legislative pay is $13,951, making it difficult for younger or low-to-middle-income people to serve. Fourteen percent of the current members are retired, and eighteen percent are attorneys.[233]

Protests

Chapel Hill

On March 29, 2016, hundreds of people protesting against House Bill 2 shut down Franklin Street in Chapel Hill, North Carolina for several hours.[234][235][236]

Internet

On April 11, 2016, xHamster, a pornographic website, began denying users with IP addresses registered in North Carolina access to their site, citing House Bill 2.[237] The complete block was later replaced with a popup explaining the "Incredible Hypocrisy of North Carolina" which cited view statistics for lesbian and gay porn in North Carolina.

Moral Mondays

On April 26, 2016, as part of the Moral Mondays civil disobedience movement, protesters inside the House chamber began shouting as state lawmakers tried to adjourn for the day. By the end of the day, fifty-four protesters were arrested: eighteen who had been arrested earlier and thirty-six more who refused to leave. Mara Keisling, executive director of the National Center for Transgender Equality, was one of the protestors arrested.[238] Charges included trespassing and violating fire code. The North Carolina General Assembly spent very little time in session, adjourning amidst the interruptions.[239]

See also

External links

References

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  3. http://www.charlotteobserver.com/news/politics-government/article68401147.html
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