For Immediate Release: Sunday, October 3, 1999
Contact: Aaron Hall - 612-789-8811 ext. 226 (office) 612-909-2671 (pager)
The Refusal of Minneapolis Police Chief to Enforce a Law Prompts Family
Group to Call on Mayor's Help
Police Ignore Complaints Raised by a Female Teacher at Southwest High School
Over a Male Crossdresser in the Women's Restroom
MINNEAPOLIS - Tom Prichard, president of the Minnesota Family Institute
(MFI), on Friday called on Minneapolis Mayor Sharon Sayles Belton to address
the Police Chief's refusal to enforce a law at Southwest High School. A
spokesperson for the Chief stated the Chief would not enforce the law unless
the school board asked him to do so.
In the letter to the Mayor, Prichard criticized the Chief's decision. "This
should raise serious concerns of the people of Minneapolis to know their
police department is deliberately not enforcing a law," said Prichard. "It
raises questions about what other laws the police department might choose
not to enforce."
The issue in question involves a biologically male teacher who considers
himself a "crossdresser", "dual-gendered" and "transgendered" and wants to
use the women's restroom.
Prichard explained that the teacher does not have a right to use a women's
restroom under the Minnesota's anti-discrimination law. The law specifically
excludes "such facilities as restrooms, locker rooms, and other similar
places," from the sex discrimination provision of the law. "The Minneapolis
ordinance prohibiting male use of a women's restroom is enforceable in this
situation," stated Prichard in a letter to the Chief. The Chief did not
dispute the law, but maintains that it will not be enforced unless the
school board calls for enforcement.
"This is one example of a broader problem," said Prichard. "We are hearing
reports that crossdressing men are using the women's restroom in other
places as well. This is illegal in Minneapolis and the police should enforce
the law."
"Women and girls have a right to privacy," concluded Prichard. "Parents
should be able to send their daughters into a restroom without wondering if
some transgender or crossdressing man is in there."
The Minnesota Family Institute is Minnesota's largest nonprofit,
non-partisan pro-family organization.
ATTACHMENTS: Letter to Mayor and letter to Chief
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***MFI's letter to the Minneapolis Mayor***
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October 1, 1999
Mayor Sharon Sayles Belton
City of Minneapolis
350 S 5th St, Suite 331
Minneapolis, MN 55415
Dear Mayor Sayles Belton:
A situation was brought to our attention recently that now appears to
necessitate your involvement for it to be resolved.
On September 14, 1999, I sent a letter to Chief of Police Robert K. Olson
requesting enforcement of a Minneapolis City ordinance by officers on the
campus of Southwest High School. On September 24, 1999, Sgt. Troy Schmitz,
Administrative Assistant to the Chief, notified our staff that the chief is
not going to enforce the law unless the school board asks him to do so.
This should raise serious concerns of the people of Minneapolis to know
their police department is deliberately not enforcing a law. It raises
questions about what other laws the police department might choose not to
enforce.
Attached is a copy of my September 14 letter to Chief Olson referencing the
specific details of our request.
We request that you notify Chief Olson of his responsibility to enforce the
law in this situation.
I look forward to your prompt response on this matter.
Sincerely,
Tom Prichard
President of the Minnesota Family Institute
Cc: Media
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***MFI's letter to the Minneapolis Chief of Police***
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Tuesday, September 14, 1999
Chief of Police Robert K. Olson
Minneapolis Police Department
City Hall
Minneapolis, Minnesota
Dear Chief Olson:
It has come to our attention by a concerned female teacher at Minneapolis
Southwest High School that Debra Davis, a biologically male transgender
teacher, has been using the female restrooms at Southwest High School in
violation of Minneapolis City Ordinance 385.120. I have been told that
school officials have refused to tell Davis he is not to use the women's
restroom.
I realize the fact that Davis dresses as a woman and views himself as a
transgender individual has injected confusion into the issue. However, I
believe the current situation clearly warrants enforcement of the relevant
city ordinance to protect the rights of female employees to modesty and
privacy.
The following facts should provide additional clarity.
1. There is no evidence, nor has Debra Davis disputed the fact, that he is
biologically male. In an independent investigation into the matter, the
Commissioner of the Minnesota Department of Human Rights report found that
Davis "self-identifies as female, but, upon information and belief,
biologically is male." (Case reference number 31706)
2. State anti-discrimination law does not override Minneapolis City
Ordinance 385.120 prohibiting male use of female restrooms. Minnesota
Statute 363.02, subdivision 4, specifically states sex discrimination does
not apply to restrooms. It states, "The provisions of section 363.03,
subdivision 3, relating to sex, shall not apply to such facilities as
restrooms, locker rooms, and other similar places." Thus, the Minneapolis
ordinance prohibiting male use of a female bathroom is enforceable in this
situation.
Considering the above facts, Davis' use of female restrooms is a violation
of Minneapolis City Ordinance 385.120.
Out of respect and sensitivity for the women using the restrooms, we
respectfully request that you notify Davis of the illegal nature of his
actions and enforce the law discontinuing his use of the female restrooms.
I look forward to your prompt response on this matter.
Sincerely,
Tom Prichard
President of the Minnesota Family Institute
Cc:
Minneapolis Superintendent Carol Johnson
Media
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Minnesota Family Council / Minnesota Family Institute
2855 Anthony Lane South, Suite 150
Minneapolis, MN 55418-3265
612-789-8811
Fax 612-789-8858
www.mfc.org