'Transgender Tennesseans are real': Federal judge strikes down bathroom signage law

A federal judge on Tuesday struck down a Tennessee law requiring businesses and government buildings to post a sign if they let transgender people use facilities associated with their gender identity. 

The law was temporarily blocked last July by Judge Aleta Trauger before being overturned — one year after it was signed by Gov. Bill Lee. 

“Transgender Tennesseans are real," Trauger wrote in the order. "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.”

The Tennessee Legislature passed the bill in April 2021 before going to Lee's desk for approval. 

Bathroom signs:Tennessee bill mandating bathroom signs called 'humiliating' for transgender people

The law mandated a sign be posted outside public facilities stating "This facility maintains a policy of allowing the use of restrooms by either biological sex, regardless of the designation on the restroom."

Violations of the law threatened a maximum $500 fine and a misdemeanor charge that could lead to up to six months of jail time, according to the Tennessee Code.  

Shortly after the law's passage, Davidson County District Attorney Glenn Funk said his office would not enforce the law. 

About a month after the law's signing, the American Civil Liberties Union and its Tennessee chapter filed a federal lawsuit on behalf of entrepreneur Robert Bernstein, owner of Fido.  

“As a former journalist, I believe strongly in free speech,” Bernstein was quoted as saying in a news release sent Tuesday. “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 ruling Tuesday came as a relief to employees at the ACLU. 

“We're thrilled to see the court rule in support of transgender and non-binary lives today. This signage law was simple cruelty - and cruelty is unjust,” said Henry Seaton, ACLU of Tennessee transgender justice advocate. “We'll continue our pursuit of trans justice to its fullest extent, and hope that the trans and non-binary community feels relief and hope from this ruling.”

Contact Tennessean reporter Kirsten Fiscus at 615-259-8229 or KFiscus@gannett.com. Follow her on Twitter @KDFiscus.