California "Personal Privacy Protection" Initiative (2016)
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| This measure was not put on an election ballot |
The California "Personal Privacy Protection" Initiative (#15-0019) did not make the ballot in California on November 8, 2016 as an initiated state statute.[1]
The measure would have required persons to "use facilities in accordance with their biological sex in all government buildings." It would have also protected private businesses from being "subject to criminal, civil, or administrative sanctions, or civil suits for requiring employees, patrons, students, or any other person to use facilities in accordance with their biological sex."[2]
Text of measure
Ballot title:
Official summary:
- "Prohibits individuals from using facilities in government buildings except in accordance with their sex as determined at birth, through medical examination, or court judgment recognizing a change of gender. Creates legal damages claim of at least $4,000 against a government entity or person that violates the provision. Allows businesses to prohibit employees or patrons, including transgender people, from using facilities except in accordance with their sex as determined at birth, through medical examination, or court judgment. Exempts businesses from criminal and civil liability for implementing such a prohibition."
Fiscal impact statement:
Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance.
- "Increase in state court costs related to civil claims, not likely to exceed a few tens of millions of dollars annually. Unknown increase in state and local government costs related to actions taken to avoid, litigate, or remedy civil claims filed for violating the measure. Potential significant loss of federal funds."
Statute changes
The measure would have added Section 118501 to the California Health and Safety Code.[1]
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(a) Notwithstanding any other provision of law, a person shall use facilities in accordance with their biological sex in all government buildings. (b) A civil claim for violation of privacy shall lie against a government entity or a person for willful violation of this section. Such claim includes equitable relief and damages up to a maximum of three times the amount of actual damage but in no case less than $4,000, and attorney's fees that may be determined by a court. A claim is limited to individuals whose privacy was actually violated while using facilities or who did not use facilities because of a violation under the Act. (c) Notwithstanding any other provision of law, no business establishment shall be subject to criminal, civil, or administrative sanctions, or civil suits for requiring employees, patrons, students, or any other person to use facilities in accordance with their biological sex. (d) Definitions:
(e) Exceptions: This section does not apply to facilities constructed for single use. Further, this provision does not apply to (1) use of family restrooms or (2) facilities in which a child, or a person with a medical condition, requires the assistance of another. (f) If the Attorney General fails to mount a defense of the Act against legal challenge, or appoint a special Attorney General to do so, initiative proponents shall have the right to act as the agent of California for purposes of any necessary defense of this Act against legal challenge. (g) Severability: Any part of this Act held invalid shall be severable from the remaining portions.[3] |
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Support
Privacy for All was the group supporting the initiative.[4]
Arguments
- Gina Gleason, one of the initiative's sponsors, said, "We have great compassion for any person that is uncomfortable in traditional, sex separated facilities. But we also want to protect the privacy that most of us expect when we are in public bathrooms, showers and dressing areas."[5]
Path to the ballot
- See also: California signature requirements
- Jack Hibbs and Gina Gleason submitted a letter requesting a title and summary on April 17, 2015.
- A title and summary were issued by California's attorney general's office on June 23, 2015.
- 365,880 valid signatures were required for qualification purposes.
- Supporters failed to collect the required signatures by December 21, 2015, and the measure failed.[4]
Related measures
See also
External links
Footnotes
- ↑ 1.0 1.1 California Attorney General, "Letter requesting a ballot title for Initiative 15-0019," April 21, 2015
- ↑ The Sacramento Bee, "Measure to limit transgender restroom use fails to qualify," December 21, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedbee - ↑ Christian News Wire, "Bathroom Privacy Initiative," April 18, 2015
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