Police cited a transgender woman for disorderly conduct on April 25 for using a women’s restroom at Parkland hospital.
An officer with the hospital’s police force wrote the citation for a class-C misdemeanor after a complaint was lodged by someone who saw the transgender woman, Paula Witherspoon, leaving the bathroom.
Witherspoon said she was at the hospital with her husband, who had a follow-up appointment after suffering a heart attack.
“I live full time as a woman,” Witherspoon said.
She said hospital police told her they weren’t there to decide whether she was guilty.
“Then they wrote me a ticket,” she said.
The ticket lists Witherspoon as a man and her name as Paul. But Witherspoon provided a copy of a letter from her clinical psychologist at the Dallas VA Medical Center, Gloria J. Emmert.
“As a frequent visitor to the Dallas VA Hospital, she is expected to use facilities consistent with her external presentation, which is female,” Emmert wrote. “Please assist this Veteran by supporting the application of this ethical approach in all Dallas settings.”
Ken Upton, a supervising attorney in the Dallas office of Lambda Legal, said lewd conduct is the closest thing he could find in Section 4201 of the Texas Penal Code, the statute listed on the ticket.
For that portion of the code to apply, Upton said, Witherspoon would have had to have acted “intentionally or knowingly for a lewd purpose.” But since she went into a private stall, that’s unlikely, he said.
Witherspoon said she didn’t even know whether there was anyone else in the restroom.
“I went in, did my business, washed my hands and left,” she said.
And the letter from the psychologist indicates she was following doctor’s orders rather than acting out of lewd intent. Upton said Parkland will have trouble defending the case.
“The officer doesn’t know if anyone else was in there,” Upton said, so his testimony would be hearsay. And if the complainant wasn’t in the restroom, that person was not a witness to any lewd behavior.
Upton said the officer probably figures Witherspoon will either pay the fine or it’ll be dismissed.
“And he doesn’t care,” Upton said, adding that the officer couldn’t have written a ticket for simply using the wrong bathroom.
“That’s not a crime in Dallas,” he said.
Officials at Parkland, Dallas County’s public hospital, are looking into the incident.
“We have verified that on April, 25, 2012, Parkland Police responded to a complaint from a concerned female patient regarding her allegation that there was a male in the female restroom,” Parkland spokeswoman Charise Thomason wrote. “Because of the complexity of the issue, the incident is currently under review. Parkland strives to treat patients, visitors and staff with dignity and respect, as well as provide a safe environment at all times.”
Roberto de la Cruz, an openly gay member of Parkland’s Board of Managers, said he plans to meet with Witherspoon on Wednesday at her home. He said his concern is that transgender people are welcome at Parkland and will be treated with dignity.
After the jump is a copy of the letter from Dr. Emmert, as well as Witherspoon’s ticket.
Right, and still Gay people still love Price, and yet Parkland is run by crappy services and this is another reason why I won’t use it unless if I really have too.
We need to just apply the “Ally McBeale” strategy and make all bathrooms gender neutral. As a FtM transman, I find their treatment of her offensive and would urge her to sue them on behalf of all transgendered people; the whole “nice and fluffy” and “can’t we all get along” approaches do NOT work when there is so much close-mindedness still in society. We need another Stonewall– someone throw a pump and get the fight for equality in full gear.
There is no “complexity of the issue” for the Dallas County Hospital District administration to review. This unconscionable action against Ms. Witherspoon by the DCHD Police Department, the cruel misgendering notation on the citation, and the response by the Parkland spokeswoman represent intolerance toward all trans and transsexual people, quite simply. The phrase in the hospital statement, “provide a safe environment at all times,” is a backhanded defamation, hinting that trans women pose some kind of threat to safety in public spaces. If Parkland administrators are truly concerned with dignity and respect, they will drop this fraudulent charge, apologize to Ms. Witherspoon and her husband, and reconsider the employment of this officer and their spokeswoman. The contact information for the Interim CEO of the Parkland Health & Hospital System may be found at https://parklandhospital.com/whoweare/leadership/senior_executives.html Best wishes to Paula. I’m so sorry that you’ve been put through this.
The real crime is that she now has to defend herself against this crap.
If the ticket was dated the 25th and the letter dated the 27th how was the officer to know. I still believe the officers was doing their job. Trying to keep people safe. I don’t want any kind of man in the womens restroom.
In emergency situations I’ve accidentally used the wrong bathroom before but once I saw the urinals and realized my mistake it was too late I had no time does that make me a criminal too. Some might have thought so by the smell I left behind but seriously common sense has left the building its just a bathroom. As long as no one reported anything lewd why bother disrupting this woman’s life needlessly.
Ahh, what the heck? And what is the deal with “Race” on the charge card? Why are so many Americans, especiallly in the south, so bigoted? Thank goodness we don’t get much of this in Australia.
I’m confused…1. The “carry letter” is dated two days AFTER the ticket was issued, and specifically mentions Parkland. It was obviously written after the incident. Why wasn’t she carrying a letter at the time? She said in her interview that she had one that she offerred to show the officer. If she lied to the officer, she should have been arrested for giving false information. I carried a letter from my first visit with my therapist until I had my bottom surgery. Just in case, I was going to carry one after that but my therapist felt it was unnecessary. 2. If she is married to a man, and has been “transitioning” for six years, why is her legal name still Paul? I can understand the gender marker not being changed because this state is so backasswards. 3. Why was she given a disorderly conduct ticket when the person that complained is the one that created the “disorderly” situation!!! As transsexual women, we need the ability to use the restroom that matches our presentation. Carry letters state the need to live as our targeted gender…that includes using the restroom. That being said, we should do everything we can to ensure we are acting as women in the restroom. I have seen TG people in the women’s restroom with their feet forward…standing while peeing. That would be a dead giveaway. The bottom line is this: We should ALL be going to the restroom to use the facilities…not cruise for our next date. Potty, clean up, and get out. End of story. Yes, we live in Dallas and Fort Worth, which have protections for us…but there are times when we go to backwoods America. Be prepared!!!
The VA has a policy on how LGBT are to be treated at their facilities, I would hope that the hospital listed in question would recoginize that, and that the EEOC has verified Transgender is a Title VII protection, The office should at least have a few days of unpaid leave, and the hospital, was just the area, if the pedrson making the complaint was an employee then the Hospital needs to train their staff better.
My God it is just a bathroom, by the way she looks, it would have been impossible to use the mens room!
This whole issue is just uttery ridiculous…
It’s a woman using the ladies!
Get over it!
This whole bathroom issue is just utterly ridiculous!
It’s a woman, even though with an adjective, using the ladies….
Get over it!
“If the ticket was dated the 25th and the letter dated the 27th how was the officer to know. I still believe the officers was doing their job. Trying to keep people safe. I don’t want any kind of man in the womens restroom.”
you are disgusting. disgusting.
“I have seen TG people in the women’s restroom with their feet forward…standing while peeing. That would be a dead giveaway”
lady, how I pee ain’t none of your business. Tend your own.
Can this happen, even if you’ve already changed your sex and it says female in your drivers licence/passport/whatever?
How can we bad together and publically support this woman. This is an outrage. It’s a bathroom…..and you “police supporter” all I have to say to you is…really…you must be about 97 or a backwoods, ignorant person…get over yourself and come on into the real world and all people are included in it not just the people you deem worthy of your company.
As a transwoman I am very disheartened that people expect us to walk around and not have to go to the washroom! There have been members of US government who have conducted lewd acts in washrooms; however, as members of the general public, we are going to use the bathroom, in the presented gender to relieve ourselves as normal cisgendered people do. I am very offended by the cisgendered people who have nothing better to do than to reign their so called ‘gender’ rights over those of us who are transitioning. I support gender neutral washrooms where space is available or are we rolling back to the days for which African Americans fought for their rights to use washrooms equally? Now playing with the idea, how do you guarantee that someone is not stalking you outside the bathroom spaces people??? People must spend countless hours in fear, awaiting to use public washrooms… I see a need to train the hospital, the police and all staff on sensitivity training; we do have the right to use washrooms, just in the same way we equally pay taxes, pay bills, earn money. Get your heads out of the dark ages, humankind is worthy of mutual respect for all. Otherwise, we are doomed to not evolve.
That police officer better be glad that he didn’t attempt that with me.
SUE, SUE, SUE, I’m thinking about 500 trillion dollars, that ought to get the point across.
QUIT PROMOTING HATE.
Why doesn’t the Dallas public accommodations ordinance kick in for this case? The definition of “sexual orientation” in the statute includes actual or perceived sexual orientation AND actual or perceived GENDER IDENTITY. Is Parklands exempt from this for some reason??
“Why wasn’t she carrying a letter at the time?”
Wow, passbooks for transgender people. I’m sorry that you have experienced the need for one, but with all due respect for necessity, wouldn’t it be great to eliminate the need instead of bringing trans folks into line with a bigoted society?
I’ll teach my daughter to be careful of what she wears and where she walks, because there are dangerous people out there. But if heaven forbid, she’s ever raped, I hope I won’t be asking, “Why were you wearing that? Why were you walking there?”
As a trans woman, behaviour like this has made me scared to use public restrooms! To all those cis gender people out there, just think about trying to go on a date and just holding it until you get home. Or worse yet, being stuck in a emergency room for hours. Please, we are people and, believe it or not, we do have bladders!
@John Dean D. Parkland is exempt because the Dallas municipal ordinance is not enforceable over another governmental agency. Parkland is it’s own agency that is operated under Dallas County. Same would be true if this were DISD or any other town like Mesquite or Richardson. So we need to band together and get their policy changed. However, there is also no type of “bathroom use” law in TX either, so if you will notice her citation was for “disorderly conduct” misdemeanor.
Thank you, Rev. Amy. Your point is so important. While some transitioning people are comforted by so-called “carry-letters,” I’ve heard other stories of these letters ignored by transphobic authorities or of letters playing a role in outing trans people in vulnerable situations. Speaking just for me, I never had one and found the idea of carrying a mental illness diagnosis letter offensive and suggestive of false stereotypes. This is a personal choice– private medical history is private and protected by law. As a trans woman, Ms. Witherspoon was no more obligated to produce her private medical records for this bigoted officer than any other woman using the washroom. It is wrong to blame victims of discrimination for their discrimination, and it is especially wrong to suggest that persecuted people should be singled out to produce papers (or triangle patches) to signify their status in a persecuted class.
Amy, the carry letters are exactly for this type of situation. Any therapist that is worth their salt will tell you that…and give you one without charge. It doesn’t mean that you have to shove it down anyone’s throat…you have it IN CASE you need it. Collaterly, it IS someone else’s business if that person has to explain to a child why this other person is facing the wrong way. THAT is part of the problem with today’s “transgeneration”. Back in MY transition days, those transitioning TRIED to fit in…not draw attention to themselves and cry FOUL when someone called them on the carpet for it.
I sure hope that when they say “safe environment for all” they meant how much more dangerous it would be for a transwoman to attempt to use the men’s room. If anything, cisgender, bigoted, hate filled men are the “danger” much more so than the transgender woman who is quietly going about her business.
As a CD, I couldn’t image the fear and embarrassment she must’ve suffered. Poor girl.
One question I do have. How could she have shown the letter when it was dated 2 days after the incident?
It appears all authorities except the officer at hand are dealing with this justly. There is no doubt a bias from the officer at hand and the other woman who believes she was assaulted by a person whom for all intent and purpose to me appears to be female. Obviously there must have been a tell, but this does not excuse the plantif in this matter, as the only thing that was offensive what the plaintiff’s reaction to an ideological point. Thoughtlessly the plaintiff is nothing more then a bigot.
Though I do have to mention, though it is my legal right to carry a fire arm in the state of New Hampshire where ever I go, I do not, because sadly but true, it will insight a person who is gun phobic to call the police, a resource that need not be wasted on my demand, so I do not carry open when I know some niave idiot will be offended and call the police.. see how it works?! Education on all aspects of freedom is the ultimate end all. Unfortunately, no where in our country are rights and freedoms taught or upheld to their utmost.
Mr./Mrs/ Witherspoon is legally still a man. This person is a repeat sex offender and the letter is date TWO days after the citation. The officer was doing his job. It’s not his place to judge, it’s his place to follow the law. We need to quit being up in arms over the indignity that this person suffered and look at the bigger picture. Parkland has a long history of caring for indigent, homeless and HIV/AIDS affected people. Suing Parkland isn’t the answer…and this person is on parole…a citation of this type violates his probation…my thought process is he wants the ticket dismissed so he doesn’t get violated by his parole officer. Just my thoughts…as a community, we need to support the folks that need it and not directly jump to suing the COUNTY HOSPITAL that helps many of this community…that’s crazy talk!
I normally am a supporter of transgendered. I’m a staunch leftist and a believer in live and let live. This situation I have a problem with the transgender woman. This is a multiple sex offender of teenage girls. This isn’t heresay it’s documented record in Texas. One need only look at the Texas sex offender registry pictures to know this is the same Paul Witherspoon conclusively as one in 2006 and one recent she is somewhat dressed female. This is someone who in some accounts claims to have lived six years 24/7 female. The pictures don’t match that. This is someone who by all media accounts has not changed their legal name. Someone that has lived 24/7 for six years as a woman but has kept her male name? Possible. Beyond that, the letter from the therapist is 2 days after the ticket. While I very seldom see the police officers side of things. It is hard not to in this. We have someone that is a convicted sex offender of teenage girls on parole with a license that says Paul Witherspoon. This isn’t someone who gives the appearance of someone six years MtF transition. If this was just a trangender issue. It’s a non issue. But this is a multiple sex offender who claims to be transgender full time but hasn’t changed her name. Has a post dated letter that the officer wouldn’t have seen because it hadn’t been drafted. At best this appears to be a situation where the complainant isn’t representing the facts accurately.
It stated that the officer was notified that a male was USING the restroom, NOT lurking about in one. There was NO children present, so ANY part of being a sex offender does not matter in this matter. I KNOW FOR A FACT that my Dad is working on becoming a female, which is a process that takes a great deal of time. You can’t just wake up one morning and say “Oh I’m going to change my sex today'” An expect it to be done before you go to bed that night. And with the courts you must show full cause (Dr, therapist, and surgeon) before someone in her situation can get approved.
Regardless of any criminal history. Needing to use the restroom isn’t a crime. If there are no other facts than …She used the womens facility instead of the Mens. Then in my opinion it is a joke any ticket was issued at all. I use the restroom that fits my attire of the day as I am not completely fulltime yet.
Here’s more to the story on this blog https://gendertrender.wordpress.com/2012/05/04/child-sex-predator-paul-ray-witherspoon-ticketed-for-using-female-restroom-uses-gender-identity-defense
@Kelley Winters: Your words are wise and to the point. “It is wrong to blame victims of discrimination for their discrimination, and it is especially wrong to suggest that persecuted people should be singled out to produce papers (or triangle patches) to signify their status in a persecuted class.” This case sincerely frightens me. I am appalled that someone could be sighted for “lewd conduct” for using a public restroom. I am female (I think as that is what my birth certificate says) and use men’s rooms all the time. I feel like heading to the men’s room in that hospital and have them try to ticket me. I would sue them. You bet I would. This is absolutely an outrage. Are we in the 21st century or are we still in Nazi Germany because I am totally confused.
SUE FOR FALSE ARREST
Maybe someone should say the word “sue” one more time. Jesus you people are a sad lot.
she looked more like woman she has breast ok now if she went into mens room instead of woman Im sure men will freak out oh oh oh woman came in mens restroom WTF ? will she still get ticket either way ?