NASHVILLE - A federal judge in Nashville on Tuesday struck down a controversial 2021 Tennessee law that required businesses and other entities to post warning signs if they allow transgender people to use public restrooms that match their sex at birth.
In her 40-page opinion, U.S. District Court Judge Aleta A. Trauger wrote that she was declining to issue what would be an advisory opinion on whether the law would survive "rational basis review, because that is simply not the standard that applies."
(READ MORE: Transgender bathroom bill passes Tennessee House panel)
"It would do a disservice to the First Amendment to judge the act for anything other than what it is: a brazen attempt to single out trans-inclusive establishments and force them to parrot a message that they reasonably believe would sow fear and misunderstanding about the very transgender Tennesseans whom those establishments are trying to provide with some semblance of a safe and welcoming environment," Trauger wrote.
"The act fails the constitutional standard that actually applies to it, and the inquiry should end there," the judge added.
Instead, she noted "the plaintiffs have explained, in detail and with evidence, why they do not wish to echo the government's preferred characterization of their trans-inclusive policies. In response, the defendants, rather than taking those objections seriously, have suggested that the plaintiffs have merely 'imagined an idiosyncratic, hidden undertone to the [required] signage,' which in reality requires only 'a simple truthful statement of fact aimed at informing the public.'
"The only thing that is imaginary in this case, though, is the imagined consensus on issues of sex and gender on which the defendants seek to rely," Trauger said. "Transgender Tennesseans are real. The businesses and establishments that wish to welcome them are real. And the viewpoints that those individuals and businesses hold are real, even if they differ from the views of some legislators or government officials. While those government officials have considerable power, they have no authority to wish those opposing viewpoints away."
She said the First Amendment challenge was predictable because the law mandates the use of a "garish" warning sign announcing a message in the "specific language of the government's" and not the business or other entity's choice.
Original Chattanooga plaintiff: 'Super happy' over ruling
The lawsuit was originally filed on behalf of Kye Sayers, owner of the Sanctuary Performing Arts and Community Center in Chattanooga, and Bob Bernstein, owner of Fido restaurant in Nashville. But the opinion only lists Bernstein's name.
Sayers, a transgender woman, praised Trauger's decision in a Chattanooga Times Free Press phone interview Monday, noting she had to exit the lawsuit in January because she had closed her business, thus preventing her from continuing as a plaintiff.
"To hear this morning that the case that I started actually got finished and the ruling was in favor against the bill, I'm just super happy," said Sayers, noting she had remained in contact with the American Civil Liberties Union of Tennessee, which handled the suit.
After House Bill 1182/Senate Bill 1224 passed, the House measure's sponsor, state Rep. Tim Rudd, R-Murfreesboro, confirmed to the Times Free Press that the measure carried criminal misdemeanor penalties of up to six months in jail and $500 fines if a business, government or other entity refused to install the signage within 30 days after first being warned.
Rudd told the Times Free Press on Monday in a text that Trauger's ruling comes as "no surprise."
"In fact, I stated from the beginning that 'I'm sure they already have an activist liberal judge lined up to put a stay on the law and overturn the law.'"
"She has consistently made decisions based on her personal political beliefs and not based on the constitution," Rudd said.
The law in no way violates the constitution or freedom of speech, Rudd added, noting it simply requires a small sign outside bathrooms with multiple stalls.
"For a property owner to have a policy of letting a man use a woman's restroom without a woman knowing she could be raped or sexually assaulted is not only dangerous but irresponsible and legally liable on behalf of the property owner that has such a secret policy," he said.
"I have every confidence this meritless decision will not stand and will be overturned on appeal to a higher court."
Had the law taken effect, any business that allowed transgender and intersex people to use the restroom that most aligns with who they say they are would be forced to post signs with the word "Notice" in yellow on a red background at the top.
That would be followed by text stating, "This facility maintains a policy of allowing the use of restrooms by either biological sex, regardless of the designation on the restroom," or face criminal charges.
"We applaud the court for recognizing that this law violates the First Amendment and harms transgender people," said Hedy Weinberg, ACLU of Tennessee executive director, in a news release. "Transgender individuals should be able to live their lives free of harassment and discrimination. Today's decision ensures that the businesses who welcome them are not forced to become instruments for politicians' discrimination."
"As a former journalist, I believe strongly in free speech," said Bernstein, Fido's owner, in a statement. "The government can't just force people to post discriminatory, inaccurate and divisive signs in their places of business. I am glad that the court recognized that this law violates the First Amendment."
The court last July granted a preliminary injunction blocking the law from going into effect. Monday's ruling strikes down the law permanently unless the state appeals.
A spokeswoman for Tennessee Attorney General Herbert Slatery did not immediately respond to a Times Free Press email that asked if the state intended to appeal the ruling to the U.S. 6th Circuit Court of Appeals.
A spokeswoman for Gov. Bill Lee, who signed the bill into law, also did not immediately respond to an email.
Henry Seaton, the ACLU of Tennessee's transgender justice advocate, said his group is thrilled by the ruling.
"This signage law was simple cruelty - and cruelty is unjust," Seaton stated. "We'll continue our pursuit of trans justice to its fullest extent, and hope that the trans and nonbinary community feels relief and hope from this ruling."
Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow him on Twitter @AndySher1.