Judge Rules in Favor of Transgender Woman Following Bathroom Dispute with County Sheriff's Deputy

(Jones)

Administrative Law Judge Heather Palmer ruled that a now-retired county deputy discriminated against an Iowa City trans woman named Jodie Jones. In November 2011, Johnson County Sheriff's deputy Susan Henderson witnessed Jones entering the women's restroom at the Johnson County Courthouse.

Henderson reportedly followed Jones into the bathroom and ordered her to leave. According to the Press-Citizen, Jones told the deputy that she had the legal right to use the restroom of her choice. She then alleged that the deputy refused to let Jones used the restroom "regardless of what the law is":

Henderson denied yelling at Jones, and though the deputy had seen Jones in female dress previously, Henderson denied knowing Jones was transgender until she received the civil rights complaint, according to the report.

In a ruling issued this week, Administrative Law Judge Heather Palmer concluded there was probable cause supporting Jones’ claims of discrimination on the basis of gender identity, sex and sexual orientation in a public accommodation. The Iowa Civil Rights Commission in February had recommended that the judge rule as such after an investigation.

“The investigation revealed Deputy Henderson had seen Jones in female clothing on more than one occasion at the Johnson County Courthouse,” Palmer wrote. “On November 30, 2011, Jones was dressed as a female and she used the women’s restroom. Deputy Henderson had sufficient information to conclude Jones was a transgendered woman.”

Under Iowa Code, it is considered discriminatory to deny a person use of a public accommodation based on their gender identity. According to the Iowa Civil Rights Commission, Iowa law does not prohibit places of public accommodation from maintaining separate facilities for the different sexes, as long as they are comparable. The commission says that state law, however, does require that individuals be permitted access to those facilities in accordance with their gender identity, rather than their sex at birth, without being harassed or questioned.

Jones intends to file a lawsuit with Johnson County unless the two sides can agree on a settlement that includes an admission of wrongdoing by the Johnson County Sheriff's Department. Jones is quoted in the Press-Citizen that her priority is to prevent this from happening again to other trans individuals.