by Patrick Barron
The current tempest in a teapot among the “rights” advocates is that no one should be restricted from using the gender specific bathroom of his choice. The “rights” advocates want to use the police power of the state to ensure this outcome. The federal government has come down on the side of the “rights” advocates, with regional and local governments sometimes taking the opposite side. Once again, Americans are being told that there are only two sides to this issue, and both sides claim to defend what is proper.
But are there only two sides? Perhaps we are looking at this issue in the wrong way. Instead of assuming that some level of government can make this decision for all of society, there is the alternative solution of defending the right of the property owner (of the bathroom in question) to make this decision. After all, someone actually paid for the bathroom in order to satisfy his preference. And there are precedents. We all have seen signs that tell us that bathrooms are reserved for customers only. There is no movement that I have seen that demands that any bathroom anywhere be accessible to whoever desires to answer the call of nature. We all accept that limiting bathroom facilities to customers is the right of the business owner.