HB2 is still on the books in North Carolina, a reality that transgender people must navigate each day. To support her transgender clients, Asheville attorney Meghann Burke is providing personalized letters for folks to carry and use if someone questions their right to be in a public restroom.
“HB2 is nothing more than legislative bullying. But it has achieved its intended purpose of expressing moral disapproval of people in our community and instilling fear in our transgender brothers and sisters. This cannot stand, and friends and allies cannot stand idly by. My transgender clients are some of the most courageous, creative, and inspiring people I know. There is something we can do not only to stand up to bullying, but also to send a message to our transgender brothers and sisters that we will walk with them,” says Burke, who is an attorney at Brazil and Burke, P.A and also leads CSE’s Legal Team.
Here is a redacted copy of the letter, which others can use as a template:
September ____, 2016
To Whom It May Concern:
On behalf of ________________, please be advised that should [he/she/they] be stopped, questioned, and/or interrogated for using the restroom that corresponds to [his/her/their] gender identity, [he/she/they] is represented by this law firm and specifically by Attorney ______________, who can be reached at the above-listed phone number.
Please also be advised, to the extent that it is any of your concern, that ____________ is a [man/woman]. [He/She/They] will, therefore, lawfully and rightly use the [men’s/women’s] and/or unisex restrooms at any and all times. You should be aware that Title IX, Title VII, OSHA Regulations, the Fifth and Fourteenth Amendments to the U.S. Constitution, and G.G. v. Gloucester County School Board, No. 15-2056 (4th Cir. 2016), require that _____________ be allowed to use the [men’s/women’s] restroom. The statute known as “HB2” does not circumvent the requirements of federal law. Human decency dictates that you treat [him/her/them] kindly, as any other [man/woman] who merely seeks to use the restroom.
Please contact __________________’s attorney should you have any questions. I can be reached on our main office number at ____________________.
Sincerely,
_________________________
N.C. State Bar No. __________
