ODESSA – The City Council on Tuesday banned transgender people from using restrooms outside their gender assigned at birth, following an emotionally charged altercation between residents and city leaders.
In a 5-2 vote, council members expanded a 1989 ordinance that prohibits individuals from entering opposite-sex restrooms, suggesting they did so to protect Odess residents and their own families.
Residents petitioned the council, arguing such proposals were divisive, stoked fear among the community and would further undermine city services.
“It is not only unnecessary, but a complete waste of the city’s time, money and resources,” Alexander Ermels, president of PFLAG’s Midland and Odessa chapter and a transgender man, said during public testimony. PFLAG is one of the oldest LGBTQ+ advocacy organizations in the US
“It doesn’t address any real issues in our community,” Ermels said. Instead, we create one, causing people to worry about something that simply isn’t a problem.”
Advocates statewide called the move one of the most extreme measures by a local government that further endangers LGBTQ+ participation in the public sphere. It follows a legislative session in which lawmakers introduced more than 100 bills aimed at regulating the lives of LGBTQ+ Texans. And it could lay the groundwork for a statewide version of the ordinance — similar to the one that Texas lawmakers failed to pass in 2017.
[Odessa’s mayor ran to help the West Texas city “repent.” Now he wants a second term.]
And while the Odessa council first debated the issue earlier this summer, its approval comes as Republicans in the US and Texas have stepped up their attacks on transgender people and the politicians who have supported them.
It’s also the latest move by a conservative mayor and his allies on the council to push this West Texas city even further to the right. The council previously passed an anti-abortion ordinance that largely mirrors state law. Mayor Javier Joven, who is up for re-election in November, has said his mission is to help the city “repent.”
Under the amended ordinance, the city can seek fines of up to $500 and violations if a transgender person uses a restroom that corresponds with the gender they identify with. The sweeping new terms also allow individuals to file a lawsuit and seek no less than $10,000 in damages, plus the costs of the lawsuit and attorney fees.
The ban applies to “any building, facility or space owned, leased or controlled by or leased to the City of Odessa, including but not limited to community centers, libraries, airports, park facilities and administrative office buildings.”
It excludes parents of children of the opposite sex who are under 12 years old, maintenance and security personnel, law enforcement officers, and medical emergencies.
Councilman Chris Hanie insisted he introduced the ordinance to protect the safety of his daughters and grandchildren.
“There has never been fear. “I don’t care who you are, and what you do in the privacy of your home is your business, but I don’t need to see it in public,” Hanie said.
Jonathan Saenz, the president of Texas Values, a conservative and religious think tank that attended the meeting and spoke at length on behalf of the ordinance, assured local officials that the ordinance would withstand legal scrutiny.
Joven said in response to public testimony that the city would not encourage law enforcement officers to check the identities of residents using public restrooms.
Statewide advocates questioned the legal integrity of the ordinance and whether local officials can enforce it without overwhelming the courts and the city with lawsuits.
Brian Klosterboer, an attorney with the Texas chapter of the American Civil Liberties Union, said the ordinance exposes the city to liability and “puts a target on its back.” Unlike the Legislature, which is protected by sovereign immunity and cannot be sued, the city is at risk of greater legal challenges.
He also said it’s rare for local ordinances to allow new types of lawsuits.
“The police or even people’s neighbors might question their gender and try to enforce these kinds of ordinances, so it leads to a lot of bigotry, hatred and division,” he said. “It will ultimately make our communities less safe because people will police each other.”
Johnathan Gooch, communications director for Equality Texas, a statewide advocacy group, said it was a disheartening decision by local officials in Odessa, adding that it was one of the toughest ordinances he and the organization had seen outside of school boards .
Gooch said this puts transgender people at greater risk of discrimination. Texas law does not protect individuals from discrimination based on their sexual orientation, gender identity or expression.
“It’s a very aggressive way to alienate transgender people from public life, and I think it goes against the spirit of friendship that most Texans embody,” he said. “It allows vigilantes to target anyone they think doesn’t fit the type of gender expression they expect to see in the bathroom, and that’s absolutely insane.”
During 40 minutes of public testimony, residents urged the city to drop the proposal and return their attention to pressing everyday issues.
Gale Norris, a lifelong resident who works for the city’s human resources department and a transgender woman, said the ordinance would inspire neighbors to turn on each other and questioned the ability of police officers to check every restroom.
“We already have our hands full solving the city’s workforce issues, improving our infrastructure and tightening our budget so we can serve people better and more efficiently,” she said. “I want to do good for the city as much as this community does, but I don’t believe this is the way to do it.”
McKayla De La Rosa, a sophomore at the University of Texas at Permian Basin, did not plan to testify. But after listening to the discussion between councilors and residents, she decided to make her voice heard.
She told the council she had to leave town to pursue a doctorate, which the university does not offer. When she’s done, she wants to return to Odessa. This regulation could deter her.
