EXCLUSIVE
When three transgender women attended Perth Magistrate’s Court on Thursday 26 March court security allegedly told them they should not use the women’s bathroom.
The women were at the court, two of them there to support a third friend who had been the victim of an alleged transphobic assault. They were shocked when they were allegedly approached by court security and told they should not use the women’s toilet facilities.
The Department of Justice has now launched an internal investigation into the incident after the women filed an official complaint.
“Department of Justice has received a formal complaint regarding the matter and is investigating,” a spokesperson confirmed, but declined to comment further.
OUTinPerth has spoken to the group, who say they were dismayed that court security guards were unaware of Western Australian laws and instructed them not to use the facilities.
One of the women told us that before heading into the courtroom, they ducked into the bathroom, which had two stalls. A woman was washing her hands at the sink as they entered. As one stall was occupied, one woman used the vacant stall while the other waited.
“When I came out to wash my hands, my friend was in the second stall, which had become vacant. Then I left the bathroom and waited just outside,” the first woman shared.
When the second woman exited the bathroom, the pair were approached by court security, who asked them to ensure that in future they used a different unisex bathroom further down the hallway.
The two women were told there had been a complaint from someone who felt uncomfortable with their presence in the women’s bathroom.
“It was one place I felt confident that I would be able to use the women’s restroom without issue, which is what made it all the more jarring,” the first woman said.
Later, all three women spoke to security staff on the ground floor of the building to highlight that their actions potentially breached the state’s anti-discrimination laws.
“I spoke to them about the legality of what they had done at that point,” one of the trio told us. “After that, they said they ‘didn’t have the facilities to deal with this kind of situation’.” She said the comment left her dumbstruck.
Sam Gibbings, CEO of Transfolk WA, said the alleged conduct of the security team is unacceptable. Transfolk WA’s mission is to inform, empower, and advocate for trans and gender diverse people to survive and thrive in Western Australia.
“There is a bitter irony in being subject to discrimination inside a building dedicated to justice. These women were at court to represent and support a transgender friend — a victim of an assault who was unable to be present herself. To be humiliated by security in that moment is unacceptable.
“We recognise that implementing a ten-year vision like the WA LGBTIQA+ Inclusion Strategy is a journey. However, basic safety and dignity in our public buildings must be a starting point of that journey, not the end destination. Accessing a bathroom is a fundamental human right, not a privilege to be negotiated with a security guard.”
Gibbings said she hoped the Department of Justice would take urgent action and address the failing.
“The Department of Justice was a key contributor to this strategy. While we know that cultural change takes time, the community needs to see that these commitments are reaching the front line. We expect the Department to urgently ensure that all staff, including contractors, are equipped with the competency to meet the standards the community was assured of last November.”
