City policy aligns with federal, state laws
The Jefferson city council was in the hot seat at its regular meeting July 27 over its determination, posted on the city’s Facebook page on July 16, that the city would follow federal and state law pertaining to transgender patrons of the municipal pool.
An issue over the use of the women’s restroom and shower room at the pool by a person transitioning from male to female had been brought to the attention of Jefferson park and recreation staff. After consulting with city attorney David Morain, a Facebook post was written affirming that “consistent with federal and state law, the City shall not discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability.
The post also stated, “no further action shall be taken and the matter is considered concluded.”
(Editor’s note – Iowa law lists transgender persons as a protected class. Federal law protects transgender rights in employment law, but transgender is not yet a protected class in other federal law.)
Still, four people spoke during the open forum portion of the meeting to ask the council to look for other solutions. The council agreed to have the park and recreation board look into the concluded matter.
Cindy Wise spoke first, saying she was speaking on behalf of her granddaughter and other children. Adults have a responsibility to ‘keep things simple, safe and sensitive for the children in our community,” she said. “Our children need things to be clear and predictable without contradiction and confusion as much as possible in this world of turmoil. If we disagree with our city’s permissive policy that allows an adult man to enter the locker room at the swimming pool… then we need to do something about it.”
She asked that a committee work to find “solutions that would not jeopardize the feelings or innocence of our children.”
According to Rich Osborne, the issue ‘”is not about trying to get adult males in the women’s locker room.” He said transgender people go through years of hormone therapy and surgeries “so they become that gender. They’re no longer what they were born as.”
“I’m tired of people assuming the absolute worst of everybody else,” he said.
Donna Sutton said she was the person who first brought the issue to the attention of parks and rec director Denny Hamman and asked that the park and rec board develop a plan that would be comfortable for everyone. ‘We don’t want to deny people their rights in what they want to do, but we also don’t want to deny the rights of our young girls and our women. That’s not right, either.”
Beth Rasmussen suggested having a female lifeguard clear out the women’s restroom before a transgender person entered.
“There shouldn’t be different rules for different people,” Osborne replied.
Danielle Barron said she could understand the discomfort a transgender female would feel going into a men’s locker room, but the transgender individual puts that same discomfort on every female when they use the women’s locker room. “That’s not fair,” Barron told the council. “You’re giving them the right and taking it away from us. … As a woman, I have rights. Why doesn’t it matter to you that I’m uncomfortable in the locker room?”
She asked for “a solution that works for everyone, including that (transgender) person.”
Mayor Matt Gordon and council member Darren Jackson were not at the meeting. Mayor pro tem Pat Zmolek chaired the meeting. He suggested forming a committee to look at the issue. Council member Harry Ahrenholtz said the council should take “a deep dive” into the issue. Council member Dave Sloan passed the water polo ball to the park and recreation board, asking that group to come up with a recommendation.
The subject still wasn’t closed. After Zmolek closed the open forum and moved to the consent agenda, Reagan Osborne asked to be recognized. She said the issue is a civil rights issue and read portions of the Iowa Civil Rights Act of 1965 to the council. She said that making a separate transgender restroom at the pool, as had been suggested, would be the same as making a “Black” restroom.
The council did not name a time frame for getting a recommendation back from the park and rec board.
