Ugh…
In a written statement to the U.K.-based Independent , South Western Superintendent Jay Burkhart declined to comment on the matter, but added: “The district administration did not make any physical alterations, including installation of the windows with sight lines to the sink areas, without specific directive from the board.”
“We were just following orders.” Oh go fuck off. Also, I totally missed an important part of this story before. They didn’t cut windows into every bathroom. Last year, they changed from having two designations for bathrooms (boys and girls) to five (labels mine, I don’t know what the signage actually said): cis male, cis female, trans male, trans female, gender-neutral. The windows were only cut into the “gender identity” bathrooms. In other words, they wanted everyone to know who was using those bathrooms. It wasn’t enough for them to segregate the trans kids, they wanted to expose them as well.
Last year, citing the concerns of a few unnamed people, the board unanimously approved a policy that would split the gendered options into five: male and female facilities based on sex assigned at birth, male and female facilities based on gender identity, and single-user, gender-neutral facilities. The changes, which amounted to new signage, were seen as a compromise in contrast with more restrictive policies enacted by other York County districts, such as Red Lion.
In August, however, a new far-right South Western School Board majority opted to cut windows into the so-called “gender identity” bathrooms at a cost of $8,700 and on the reported advice of the Harrisburg-based Independence Law Center. The ILC has advocated for book bans and other anti-LGBTQ+ policies in school districts across Pennsylvania.
Interestingly, ILC is now denying that the windows were their idea. There’s a lot of finger pointing going on now.
The ILC said it had not advised board members to cut windows into a bathroom with stalls. “It’s the position of the Independence Law Center that privacy in multi-user facilities starts at the door of the room, not the door of stalls," the organization’s statement read.
The firm would recommend a single-user bathroom similar to what is on airplanes and would open up to public areas.
The Dispatch has filed a Right-to-Know Law request seeking documents that would clarify what the ILC recommended to the school board.
I’ll be curious to see what those documents show.
ETA: The reason ILC said “It’s the position of the Independence Law Center that privacy in multi-user facilities starts at the door of the room, not the door of stalls” is because that’s what current case law on this issue says. So I’m actually inclined to believe them that they didn’t advise the school board to do this. I said on another post on this story that my initial reaction was that there was no way a law firm would advise a school to do this. Hopefully the school board complies with the FOIA request and we can know for sure.