Pops, a Street Roots staffer and former vendor, has faced harassment in public restrooms, as have so many other trans and gender non-conforming people
James “Pops” Duby, Street Roots’ vendor program assistant, was visiting the Lloyd Center with his wife one day in March when he realized he needed to use the restroom. He proceeded to the restrooms only to find there were no all-user restrooms available. He identifies as male and went to the men’s restroom. He entered, walking toward a stall, having to pass the urinals on his way there. A man standing at a urinal turned toward Pops and yelled, “Lady, you don’t belong in here! What are you trying to do, see this?” He then exposed himself to Pops.
Pops then went to the women’s restroom. He used to take his sons with him into the women’s restroom to change their diapers. As he was making his way to a stall, a voice rang out, “Listen, you don’t belong in here. If you want to be a man, you need to get out of here. The men’s restroom is next door.”
In 2007, Oregon passed the Equality Act that prohibits discrimination against people based on sexual orientation. This includes legal protection for people who wish to use the restroom of their chosen gender identity. Even so, many transgender individuals still face both verbal and physical harassment simply for using a public restroom, which is often sex assigned.
“People think they can tell me how to live my life. It’s really getting bad,” Pops said. This kind of horrifying and dangerous discrimination can happen in any public place.
This isn’t just about the Lloyd Center. It happens at gas stations, restaurants and gyms. Nearly 1 in 6 trans and non-conforming gender people experience verbal harassment in public restrooms, according to the National Center for Transgender Equality.
Before speaking with Pops, I had a privilege that I never realized: As a cisgender woman, when I need to use a public restroom, I can walk freely into a women’s restroom with no concern for my safety. Until recently, I knew little to nothing about the troubles the transgender community faces by not having the option to use public facilities as freely as I can. Honestly, although cringe worthy, I believed that I had no business advocating for something I didn’t understand, which truly was just turning a blind eye at an issue that remains completely misinterpreted and under-reported.
It has been nearly five years since Portland adopted an all-user restrooms policy, which directs bureaus to make all single-occupant restrooms in city-controlled facilities open to any user, regardless of gender identity or gender expression, with appropriate signage. However, this mandate does not apply to commercial spaces owned or managed by non-city entities. Given the high rate of bathroom harassment trans people face, why has the city of Portland taken a one-foot-in, one-foot-out stance with public all-user restroom rights?
In California, all business establishments that serve the public must have all-user restroom signs posted. The city of Seattle passed an ordinance in 2016, the Public Accommodations Ordinance, intended to eliminate and prevent unlawful discrimination in places of public accommodation and to provide enforcement mechanisms for the accomplishment of such purposes.
I’ve seen “he/him/his” written on the footers of emails. I proudly wear my “she/her” pin on my jacket collar every day. Coffee shops proudly fly trans flags in their shops. These actions let others know that a person or business is an ally of the trans community. It helps.
According to survey data analyzed by the Williams Institute at UCLA, more than half of the nation wants to do more to support and protect transgender people. It is clear that a number of members of our community are acknowledging the relevance of these public statements.
Portland ought to pick up the ball that it left halfway to the goal line and pass a law that requires clearly stated and equal access to restrooms for trans people in commercial locations, as well as governmental. Now that I’m personally aware of this, I can change my ways, and I can advocate for trans rights across the board.
I am advocating that the state of Oregon pass a new law, similar to California’s 2017 Assembly Bill 1732, which states, “All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regulations, and designated for use by no more than one occupant at a time or for family or assisted use.”
“We are here. We are going to stay,” Pops said. As I thanked him for bringing this issue to my attention, he paused to ask me one final question: “Is there really something we can do to fix this?”
Of course there is. We just need to keep trying.
Kat Wasula is a Street Roots volunteer.
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