New State Bathroom Law Part 1 – This Law Should Leave Transgenders Smiling…And Conservatives Pissed Off.
May 8, 2025
Act 955 of 2025 started off as Senate Bill 486 in this year’s legislative session with its primary Co-Sponsors being Senator Blake Johnson of Corning and Representative Mary Bentley of Perryville.
While both portray themselves as Conservatives, the fact is neither are.
On Conservatism this session, Johnson graded out at 54% while Bentley was all the way down to 40%….Act 955 exemplifies those scores….Stay with me a minute.
Act 955 is Titled – “AN ACT CONCERNING SAFETY AND PRIVACY IN CERTAIN ENTITIES; CONCERNING THE DESIGNATION OF MULTI-OCCUPANCY RESTROOMS, CHANGING ROOMS, AND SLEEPING QUARTERS IN CERTAIN ENTITIES BASED ON AN INDIVIDUAL’S SEX; AND FOR OTHER PURPOSES.”
The Legislative Intent states – “It is the intent of the General Assembly to (1) Clarify and reconcile the meaning of “sex”, “male”, and “female” in state law; and (2) Preserve order and dignity in women’s restrooms, changing rooms, and sleeping quarters in facilities where women have traditionally been afforded privacy and safety.”
Link to Act 955
http://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT955.pdf
Basically, what the law says is that in Government buildings, to enter a men’s restroom, changing room and so on you have to be a male and to enter a women’s restroom, changing room and so on you have to be a female.
It pretty much mirrors Act 317 concerning Public Schools which passed into law during the 2023 General Session, with two big exceptions.
Act 317 states schools shall – “Provide a reasonable accommodation to an individual who is unwilling or unable to use a multiple occupancy restroom or changing area designated for the individual’s sex. A reasonable accommodation under this subdivision 1 (b)(2)(A) may include without limitation access to a single-occupancy restroom or changing area.”
Additionally Act 317 provides that if the Professional Licensure Standards Board at the Arkansas Department of Education finds that a Superintendent, Principal or Teacher is in non-compliance with the law then they are subject to a $1,000.00 fine
Act 955 provides no such accommodations or penalties.
Link to Act 317
http://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT317.pdf
From what I’m hearing and seeing, Conservatives are excited about the law while Transgenders are up in arms about it….Should either feel that way though ?
Let’s take a deeper look at the law.
Act 955 states – “Every restroom, changing room, or sleeping quarter in a public building that is designated for the exclusive use of females or males shall only be used by a member of the designated sex. A person shall not enter a restroom or changing room that is designated for the exclusive use of females or males unless he or she is a member of the designated sex.”
Okay….So say a Transgender man, ( a woman), goes into a men’s restroom….Then what ?
If that happens here is the Remedy under the law – “A person in a restroom or changing room designated for use by his or her sex who encounters a person of the opposite sex has a private cause of action for damages, if the governmental entity is a political subdivision of the state and declaratory and injunctive relief against the governmental entity occupying a public building in which the restroom or changing room is located if the governmental entity: (1) Provided the person of the opposite sex permission to use a restroom or changing room of the opposite sex; or (2) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex.”
Here’s a scenario –
Let’s say my sister, who I call “Cat”, is at the Arkansas Department of Education, (ADE), and enters the women’s bathroom. Behind her enters a Transgender woman, ( a man).
Cat would then have to hire an attorney to file a lawsuit against ADE. She would have to prove that the ADE failed to take reasonable steps to prevent that Transgender woman from entering behind her.
If Cat were to win that case, the Judge would then issue an Order declaring the ADE violated the law and enjoin them from allowing it to happen again.
Now by then Cat will have easily run up a $10,000.00 attorney bill. To get reimbursed for her attorney fees, she would have to file a claim with the Arkansas Claims Commission who will then decide if her attorney’s fees are reasonable or not….Then the Commission decides just how much Cat will be reimbursed.
Hell of a Deal right !?!?….I mean who wouldn’t sign up for that !
Oh, and here’s the Bonus !
So does the man who actually broke the law face Criminal charges ?….Does he face Fines ?….Try No and No.
So now you are asking “Well what does happen to him ?”
Simple question deserves a simple answer….Nothing….Nada….Nill.
That’s right…. you’ve been fooled.
Bentley and Johnson are members of the Swamp Party….They are Cottonmouths wearing Conservative masks.
They conned Conservatives into believing they brought this great law when in reality it’s like a speed limit without fines.
Johnson, Bentley and the rest of the Republican Party of Arkansas establishment are very skilled at providing the illusion they are serving Conservatives filet mignon when in reality they are feeding you Tofu.
When I was coming up down Bethlehem Church Road we’d refer to something like Act 955 as – Bulldog mouth….Puppy dog Ass.
In Part 2, I’ll give you a look from the Transgender perspective along with my thoughts on it.
Is the overall issue simple ?….Yes and No.
Should there have been accommodations in the law ?
Does this law put some Transgenders in danger ?
Why was the House not solidly in favor of Act 955 ?
Choices have consequences, right ?
I’ll tackle these questions and more.
#FactsNotFiction
Professional Bully Fighter I investigate and report on issues around the State of Arkansas with an emphasis on Government. I am strong conservative however I bring Truth and Facts regardless of Party affiliation….My hashtag is #FactsNotFiction
All I can say is if a transgender follows my kids into the bathroom. I will have pepper spray with me is all I can say .