NCGOP Chairman Questions Attorney General Cooper's Support For Jennifer Roberts' Radical Transgender Bathroom Ordinance | Eastern North Carolina Now

As Talk Of Legal Action Brews, NCGOP Demands Explanation From NC's Top Law Enforcement Officer and Lawyer

 Raleigh, N.C. — As Attorney General Roy Cooper sets his sights on the governor's mansion, he should explain why he supports Charlotte's controversial transgender bathroom ordinance, even though it is likely to be the subject of a lengthy and expensive legal challenge if passed. Roy Cooper has been raising campaign funds with Charlotte Mayor Jennifer Roberts, the most vocal supporter calling for a second vote on the ordinance even after it was voted down by the Charlotte city council in March of 2015.

 This radical ordinance would force children and adults to share bathrooms with the opposite sex, creating concerns over safety risks and violations of privacy. Further, the ordinance violates a business owner's property rights, as it creates a major new regulatory burden for them to comply. It would also pose a potential legal liability for a business owner in the event something happened to a child or member of the opposite sex in a dual sex bathroom.

 "Roy Cooper is raising campaign cash with Jennifer Roberts as they try and force their radical transgender bathroom plan on Charlotte," said Hasan Harnett, chairman of the NCGOP. "This ordinance just doesn't pass the common-sense test, as it could put the safety and privacy of our children at risk, while imposing new regulatory burdens on business owners. It is clear that Roy Cooper would rather force an extreme agenda on our children and businesses instead of doing his job and standing up for North Carolina families. Before he can even be considered for higher office, Cooper should be pressed to explain his support of Roberts' plan to the people of this state who elected him to represent their interests as attorney general."

 Media reports have also raised concerns that the city's decision to bring up the controversial and overreaching transgender ordinance for another vote after it was first rejected by the city council in March of 2015 may lead to litigation or action by the General Assembly. Cities in North Carolina only have the powers granted to them by the State. As Attorney General, Roy Cooper has the legal authority to intervene in legal cases on behalf of the state, especially when cities impose laws or regulations that are superseded by state law.

 Last year, Cooper also refused to challenge the Obama administration's attempts to force local school districts to open sex-specific student locker rooms and bathrooms to individuals that are not of that biological sex. Although he says it is his duty to represent the state in court, Cooper refused to sign on to a friend of the court brief, despite urging from state officials. Cooper has refused to tell North Carolinians why his office made the decision not to represent the state.

Background:

• "Cooper was also scheduled to attend an evening fundraiser for Charlotte Mayor-elect Jennifer Roberts at the Museum of History." (Jim Morrill, "Roy Cooper: Republicans not for working class," Charlotte Observer, 11/11/2015)

• "In March, the Charlotte City Council rejected a nondiscrimination proposal that ... drew protests over a provision that gave transgender people access to the restroom of their gender identity at any place of public accommodation, including city property." (Mark Price, "Charlotte City Manager Carlee clarifies city's transgender restroom policy," Charlotte Observer, 5/3/2015)
• "The measure failed 6-5, after a marathon meeting that featured hours of emotional debate and comments from supporters and opponents." (Ely Portillo and Mark Preston, "Charlotte LGBT ordinance fails 6-5 in contentious meeting," Charlotte Observer, 5/2/2015)

• "It turns out the city is already following that approach at its own facilities." (Mark Price, "Charlotte City Manager Carlee clarifies city's transgender restroom policy," Charlotte Observer, 5/3/2015)

• "Mayor Jennifer Roberts, a Democrat, vowed this week to push for a second look at an LGBT non-discrimination ordinance within the first three months of 2016." (Erik Spanberg, "Charlotte LGBT action could spark fight with state," Charlotte Business Journal, 12/24/2015)
• "At the urging of Mayor Jennifer Roberts, City Council will give the nondiscrimination ordinance another look." (Ty Chandler & Sarah Hagen, "City Council to tackle non-discrimination ordinance — again," WCNC, 2/1/2016)
• The City Council Will Vote On The New Ordinance On Feb 22 (WSOC)

• "Republican state Rep. Dan Bishop Tuesday slammed Charlotte Mayor Jennifer Roberts and the Charlotte City Council for considering what he called a 'radical transgender proposal,' and warned of consequences in court or in the General Assembly." (Jim Morrill, "Rep. Dan Bishop rips Charlotte's 'radical transgender proposal'," Charlotte Observer, 1/19/2016)
• "In an interview, Bishop said the ordinance would face a challenge in court. He said it also could prompt a response in the legislature. Among other things, he said, lawmakers could decide to give Charlotte voters the right to reject ordinances through a public referendum process." (Jim Morrill, "Rep. Dan Bishop rips Charlotte's 'radical transgender proposal'," Charlotte Observer, 1/19/2016)
• "The Republican strategist told me Wednesday that the possibility of Roberts and council passing an ordinance is being closely watched by state lawmakers, who would likely move to undo it." (Erik Spanberg, "Charlotte LGBT action could spark fight with state," Charlotte Business Journal, 12/24/2015)

• "Governor Pat McCrory has asked Attorney General Roy Cooper to protect local school districts by joining South Carolina and signing on to an amicus brief in the case of G. G. v. Gloucester County School Board. In this case, the Obama Administration has joined with the ACLU in an attempt to force local school districts to open sex-specific student locker rooms and bathrooms to individuals that are not of that biological sex." (Press Release: "Governor McCrory asks Attorney General to Protect North Carolina from Federal Overreach in Schools," Office of the Governor, 11/21/2015)
• The Obama administration has also threatened schools that resist with legal action and the loss of federal funding. (Press Release: "Governor McCrory Will Join South Carolina to Protect States from Federal Overreach in Schools," Office of the Governor, 11/24/2015)
• Governor McCrory: "This extreme position directly contradicts the express language of federal law and threatens local control of our schools... It also disregards the safety and privacy concerns of parents and students." (Tyler Dukes, "Despite McCrory's request, Cooper won't join Virginia transgender bathroom suit," WRAL, 11/23/2015)

• "Attorney General Roy Cooper has rejected a call by Gov. Pat McCrory to side with a Virginia school district against a discrimination lawsuit by the American Civil Liberties Union that would allow a transgender high school student to use the men's bathroom." (Tyler Dukes, "Despite McCrory's request, Cooper won't join Virginia transgender bathroom suit," WRAL, 11/23/2015)
• "North Carolina Department of Justice spokeswoman Noelle Talley said Monday afternoon that senior staff in the agency told McCrory's legal counsel that the state would not be joining South Carolina in the brief." (Tyler Dukes, "Despite McCrory's request, Cooper won't join Virginia transgender bathroom suit," WRAL, 11/23/2015)
• "Talley did not provide the department's rationale." (Tyler Dukes, "Despite McCrory's request, Cooper won't join Virginia transgender bathroom suit," WRAL, 11/23/2015)

• "When Cooper declined, McCrory said last week he would join it on his own." (Tyler Dukes, "McCrory signs on to brief in transgender bathroom suit," WRAL, 12/1/2015)

• Contact: Kara Carter
•  NCGOP Press Secretary
•  kara.carter@ncgop.org