Bill Proposes Making Businesses Indicate Which Bathrooms Open to Transgender People or Face Charges

The new Tennessee law that requires businesses and government buildings to have signs if they allow transgender people to use their desired bathrooms can result in six months in prison for those who don't comply.

The bill's sponsor, Republican state Representative Tim Rudd, said that those who break the law may face a class B misdemeanor, despite the penalty going undiscussed during legislative hearings.

Before it became law, Rudd had told other lawmakers in March that the bill "does not provide any fines or penalties at this point." He has since contended that his previous remarks were true because the penalty was later added to a chapter of an existing building code law, which also penalizes violations of smoke alarm and air conditioning requirements.

In the March committee meeting where Rudd claimed his bill included no penalties or fines, he also said that the state department wasn't going to oversee its compliance "because there is no fine." Rudd backtracked on the statement this week, saying that he "answered the questions he was asked" and planned to include the penalty in the law.

"So all the questions I got—'Does your bill provide any penalties?'—well, no, it's already in code. I wasn't asked that question," Rudd told the Associated Press.

For more reporting from the Associated Press, see below.

Democratic state Representative Bill Beck, who asked Rudd about what penalties would exist, said he misled his fellow lawmakers.

"It was a misleading statement to the entire, full State Committee, some 20 representatives," Beck, who opposed the bill, told AP. "Very discouraging to pass legislation with misleading answers."

The misdemeanor penalty was only noted in a fiscal analysis of the bill from March that found there "will not be a sufficient number of Class B misdemeanor prosecutions" for governments to experience a significant financial impact.

The law requires that the following sign be posted wherever transgender people are not prevented from using the multi-person bathrooms, locker rooms or changing rooms of their choice: "This facility maintains a policy of allowing the use of restrooms by either biological sex, regardless of the designation on the restroom."

Rudd has rebutted arguments that the law is discriminatory, noting it doesn't require limits on bathroom accessibility.

"It really protects the transgender community because at least if it's on the door when you go in and that's the business's policy at least you know what to expect," Rudd said.

How the bathroom law will be enforced remains uncertain. Authorized enforcers of the building code it was inserted into include "all state officials, now having jurisdiction or as directed by the governor," the state fire marshal, local fire prevention or building officials, the fire department chief, some mayors and county officials.

Amy Weirich, president of the state District Attorneys General Conference, said last week that the group was neutral on the bill because it "doesn't speak to anything having to do with enforcement" and had nothing to do with district attorneys. In a follow-up Wednesday, she noted the requirement's placement within building safety code.

"Most of those matters are handled by fire marshals and building inspectors," Weirich, Shelby County's district attorney, said in a statement. "The processes in many areas involve reviews and re-inspections and appeals to various boards or administrative agencies. We will continue to look into the nuances of this public chapter and note the effective date is July 1, several weeks in the future."

The state attorney general's office says it doesn't appear it has enforcement authority. Spokespeople for the governor's office and the department that includes the fire marshal's office didn't immediately provide further explanation after requests for comment.

Nashville District Attorney Glenn Funk said his office "will not promote hate" and won't enforce the law.