‘Safe Haven City’ for transgender and gender non-conforming people

In Louisville, Kentucky, Councilmember J.P. Lyninger has introduced legislation to designate Louisville as a “Safe Haven City” for transgender and gender non-conforming people. Speaking as a librarian and as someone who is non-binary and gender non-conforming, the legislative and political attacks that this ordinance describes feel very real to me.

As a librarian and as a student of librarianship, I worry about efforts to remove stories from library shelves centering LGBTQ+ perspectives. I worry too about accompanying efforts to criminalize librarians and label them as “groomers.”

And when I use a public bathroom, I am increasingly concerned about gender vigilantism that makes EVERYONE less safe in the “Women’s” bathroom.

I’ve seen pictures of people who were harassed and attacked for using the “Women’s” bathroom and they don’t look so different from me. So frequently I wonder: is this the day that someone will look at my clothing or at my face that is devoid of make-up, and decide that I am using the “wrong” bathroom?

I appreciate the protective ordinance that Lyninger is proposing for Louisville, and I hope other governments will consider implementing similar legislation.

Text as introduced:
WHEREAS, Louisville is a welcoming city for LGBTQ+ people and according to a 2015 Gallup study has the 11th largest LGBTQ+ population in the United States; and WHEREAS, Louisville is a regional destination for LGBTQ+ people to live and visit, which creates a responsibility for Metro Government to protect transgender and gender non-conforming people in the face of attacks by Federal and State government; and

WHEREAS, the Trump administration’s repeated attacks on the rights of transgender and gender non-conforming people have led to the Federal government’s attempted erasure of individuals whose gender does not match their sex assigned at birth; and

WHEREAS, the recent legislative and political attacks on transgender and gender non-conforming people by the Trump administration and numerous state governments are contrary to the values of a free society; and

WHEREAS, State and Federal laws targeting and restricting the rights of transgender and gender non-conforming people are contrary to the values of Louisville; and

WHEREAS, the Louisville Metro Council wishes to enshrine into law the principle that Louisville Metro Government will do all that it is legally permitted to do to protect and defend the rights of transgender and gender non-conforming Louisvillians to live their lives freely; and

WHEREAS, Louisville Metro Government reiterates its commitment to equal protections for transgender and gender non-conforming community members and considers it the policy of Louisville Metro Government that their right to live their lives freely without abuse or restriction by any public or private entity shall not be abridged.

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:

SECTION I: The title of LMCO Chapter 39 is amended to include the subtitles specified herein:

Sections 39.400 to 39.405 should appear under “Safe Haven Law.”

SECTION II: A new section of Chapter 39 of the Louisville Metro Code of Ordinances is created as follows:

Section 39.400. Purpose. Louisville is committed to equal protection of transgender and gender non-conforming people and shall be known as a Safe Haven City for Transgender and Gender Non-Conforming People.

SECTION III: A new section of Chapter 39 of the Louisville Metro Code of Ordinances is created as follows:

Section 39.401. Definitions

For the purposes of §§39.400 to 39.405, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

TRANSGENDER PERSON. A person whose gender identity differs from the sex they were assigned at birth.

GENDER NON-CONFORMING PERSON. A person whose gender expression does not align with traditional societal expectations of masculinity or femininity.

GENDER NON-CONFORMING DRESS OR COSTUME. Clothing, hairstyles, makeup, or accessories that deviate from traditional societal expectations of how a person should appear based upon their assigned sex at birth.

METRO GOVERNMENT RESOURCES. Includes, but is not limited to: time spent by Metro employees, officers, or contractors while on duty, or the use of Metro Government property.

SECTION IV: A new section of Chapter 39 of the Louisville Metro Code of Ordinances is created as follows:

Section 39.401. Use of Louisville Metro Government Resources. To the extent permitted by law, no Louisville Metro Government resources, shall be used for any of the following purposes:

(A) Detaining persons for seeking or providing gender-affirming healthcare.

(B) Providing information about a person’s gender identity as a transgender or gender non-conforming person to the federal government or any state or local government.

(C) Restricting the ability of transgender or gender non-conforming people to access any public accommodations, programs, or services provided by Louisville Metro Government, based on their gender identity.

(D) Enforcing prohibitions on entertainment by male or female impersonators or prohibitions on performers wearing non-stereotypical dress or costume based upon the entertainer’s actual or perceived gender.

SECTION V: A new section of Chapter 39 of the Louisville Metro Code of Ordinances is created as follows:

Section 39.402. Complaints and Discipline.

Any employee of Metro Government who violates LMCO §§39.400 to 39.405 may be subject to disciplinary action, up to and including termination, subject to his or her receiving all procedural due process rights to which he or she is entitled either by law or contract.

SECTION VI: A new section of Chapter 39 of the Louisville Metro Code of Ordinances is created as follows:

Section 39.403 Employee Training. Metro Government shall provide training on the provisions of §§39.400 to 39.405 to all Metro Government employees upon hiring.

SECTION VII: A new section of Chapter 39 of the Louisville Metro Code of Ordinances is created as follows:

Section 39.404 Severability. If a section or subsection of this subchapter is found to be invalid for any reason, the remaining subsections of the subchapter shall continue in full force and effect.

SECTION VIII: This Ordinance shall take effect upon its passage and approval or otherwise becoming law.