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Concerned citizens slam 'divisive' decision by Odessa City Council to restrict use of public restrooms

The updated city ordinance requires people to use their biological sex when using a public restroom. Detractors say the move is a blow to LGBTQ+ communities.

ODESSA, Texas — A controversial decision was made at Tuesday night's Odessa City Council (OCC) meeting.

The council voted 5-2 in favor of updating a restroom ordinance that has been in place since 1989.

The decision came after just over an hour of discourse was heard from concerned citizens, members of the LGBTQ+ community and an out of town lawyer.

According to OCC's agenda for the Oct. 22 meeting, the ordinance now states that the use of public restrooms, changing rooms and/or locker rooms will be restricted based on an individual's sex.

The exceptions to this ordinance are parents of children of the opposite sex who are younger than 12 years old, maintenance and custodial workers, law enforcement officials and medical emergencies.

Many who attended the meeting decried the decision to update the ordinance, slamming it as a "divisive" move that will only serve to endanger the lives of those who identify as transgender.

“People who aren't within our community are encouraged and allowed to join in because we know that they're safe to us, we know that they're going to stand up and do exactly what other friends here might have done," Titus White said. "It's really unfortunate that the city council decided to take a step that's going to just further divide the community and not allow the citizens of Odessa to actually comingle and coexist better. It's just going to paint a target on people's backs.”

The ordinance will be defined by one's biological sex, or what is displayed on ones birth certificate.

Those who violate the ordinance could be given a $500 fine and a Class C misdemeanor. 

Enforcement of this new ordinance was another point that was discussed. Detractors said that enforcement would be a costly venture that will hurt the city in the long run.

“No enforcement absolutely is an issue, not to mention the likely thousands of dollars that would cost a court time, because the city has to pay the judges, the clerks and the bailiffs," Eric Rogers said. "It's going to cost the city, a screaming load of money for functionally nothing.

Citizens were also quick to point out that the city has other issues that need to be addressed.

"Our infrastructure is terrible and has been for decades. Only when things are breaking are they fixing them, like completely breaking," Bradley Moonchild said. "There is a lot of stuff to be done here, but this is a distraction if anything."

The updated ordinance was originally introduced by District 5 Councilman Chris Hanie, who said he wanted to change the ordinance to protect his granddaughters and daughters.

The Texas Tribune has him quoted as saying, "There's never been fear. I don't care who you are, and what you do in the privacy of your home is your business, but I don't need to see it in public."

Those within the LGBTQ+ community think otherwise.

“It is, again, about fear, because it's about making queer folks afraid. Like I said, I already have to worry about walking into the men's room in a bar, because who's who's gonna have something to say? Am I gonna lose any teeth? Am I gonna walk out there with a black eye?" Rogers said. "Yeah, it's absolutely about fear.”

Councilman Hanie and Mayor Javier Joven declined NewsWest 9's request to interview about this subject at the city council meeting.

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