3/27/13

KAVANAGH Sneaky "Strike Everything" HB 1045 Would Restrict All Arizona From Enacting Trans Ordinances

This will be put up for a vote today in the Arizona appropriations committee. Take this very seriously:

Link to text. Read more at Phoenix New Times.com


PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1045

(Reference to Senate engrossed bill)


Strike everything after the enacting clause and insert:


"Section 1. Title 41, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 41-1444, to read:

START_STATUTE41-1444. Privacy; public place; public accommodation; state preemption; definitions

A. The regulation of access to privacy areas in places of public accommodation based on gender identity or expression is of statewide concern and is not subject to further regulation by a county, city, town or other political subdivision of this state.

B. A county, city, town or other political subdivision of this state shall not enact or enforce an ordinance or policy that requires a person or business to regulate access to privacy areas based on gender identity or expression.

C. No person or business shall be civilly or criminally liable for denying access to privacy areas based on gender identity or expression.

D. This section does not prohibit a person or business from allowing access to privacy areas based on gender identity or expression.

E. Any ordinance or policy that relates to access to privacy areas based on gender identity or expression that is inconsistent with this section is void and of no force or effect.

F. For the purposes of this section:

1. "gender identity or expression" means either:

(a) An individual's self‑identification as male, female or something in between and includes an individual's appearance, mannerisms or other characteristics only insofar as they relate to gender with or without regard to the individual's designated sex at birth.

(b) Any other substantially similar self‑identification of gender.

2. "Privacy areas" means areas in places of public accommodation where access is restricted based on sex, including a public restroom, bathroom, shower, bath, dressing room or locker room.

Sec. 2. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."

Amend title to conform

JOHN KAVANAGH

1045jk.doc
03/25/2013
9:29 AM
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3/26/13

AZ Rep. Kavanagh Trashes Trans Crow Legislation Will Try New Tactic

Rep. John Kavanagh facing a mounting recall bid in response to his attempted criminalization of transgender people in public accommodations sis trying a different approach.

Instead of making it extremely dangerous and illegal for individual gender variant people to to use the bathroom Kavanagh wants to strip transgender citizens of there constitutional rights by making Arizona businesses statewide immune to legal recourse should they deny transgender people public accommodations.

"Within US law, public accommodations are generally defined as entities, both public and private, that are used by the public. Examples include retail stores, rental establishments and service establishments, as well as educational institutions, recreation facilities and service centers. Private clubs and religious institutions are exempt." ~ Wiki

When asked why he was changing tactics he stated “I’m just saying, ‘You know what, that’s not government’s concern,’” Kavanagh told The Arizona Republic. “We’re simply going to go right back to where it was the day before Phoenix passed its overreaching ordinance with respect to showers, dressing rooms and bathrooms.”

The Arizona House Appropriations Committee hearing on the legislation has been scheduled for 2pm on Wednesday, in which chairman Kavanagh plans to strip a different dead bill, HR 1045 and insert his anti transgender legislation using the "Stike Everything" method.

A lot of people believe that's just political double speak and that Kavanagh, a republican who claims to working for smaller government is in fact bent on imposing draconian governmental regulation on the trans community, a tiny unobtrusive law abiding minority.

Raise The Bar Arizona has just filed the necessary paper work with the state and has begun gathering the 16,920 signatures of voters in Kavanagh’s district required to force a recall election.

The recall if successful would oust Kavanagh just months before the end of his term. Kavanagh can't run again for the house because of term limits, summarily dismisses the effort saying “It gives new meaning to March madness." It would however put a watermark on a bid for the senate which he is considering.

The Arizona Trans Alliance is asking all to "call or email the committee members of the purloined legislation and tell them to vote no on the No Potty for you bill: SB1045."