The Late Night Agreement on Repeal of HB2 ⋆ American Lens

The Late Night Agreement on Repeal of HB2

Late last night, Senate Leader Phil Berger announced that an agreement had been reached with the Governors office on HB2.

Yesterday’s back and forth with the Governor on the proposal he denied proposing apparently led to further talks.

Read: Gov. Cooper Denies HB2 Proposal Offer, But Emails Show It Exists

This agreement comes at the same time the NCAA’s “deadline” to repeal HB2 was set to expire and arguably sets a precedent whereby non-profits and business can successfully dictate state law via threats of economic blackmail.

Senate Leader Berger and Speaker of the House Tim Moore say that House Bill 142 will repeal HB2. A copy of the bill can be read at the end of this article.

Senator Tarte filed a repeal bill of his own yesterday; Senate Bill 474. That makes House Bill 142 the 12th HB2 repeal bill to be created since HB2 was enacted in 2016.

In a statement on the Senate Leader’s website Berger and Speaker Moore said,  “Compromise requires give and take from all sides, and we are pleased this proposal fully protects bathroom safety and privacy.”

The statement summarized what the bill does.

    • Repeals HB2;
    • Protects privacy in bathrooms and shower facilities by leaving regulation of multi-occupancy facilities to the state, returning to the status quo prior to passage of Charlotte’s bathroom ordinance;
    • Implements a temporary moratorium on local ordinances similar to Charlotte’s until December 1, 2020 to allow federal litigation to play out

The actual language of the bill bars local agencies and the UNC college system from creating their own access policies.

“State agencies, boards, offices, departments, institutions, branches of government, including The  University  of  North  Carolina  and the North Carolina  Community  College  System,  and political  subdivisions of  the State, including  local  boards  of  education,are  preempted  from regulation of access to multiple occupancy restrooms, showers, or changing facilities, except in accordance with an act of the General Assembly.”

The bill also places a moratorium on municipalities attempting to create or amend a local ordinance which would regulate private employment practices or public accommodations.  That moratorium expires on December 1, 2020.

Previous attempts at repeal also carried moratorium language, yet were rejected by Governor Cooper, legislature Democrats and LGBT activists like the Human Rights Campaign and Equality NC.

The Human Rights Campaign and Equality NC called on their supporters to reject this compromise too.

Last year, Montel Williams repeated tweeted insults to our Executive Editor over her personal objection to a man in locker room or bathroom, including suggesting that she commit suicide.

Specifically Williams tweeted to her that there was “an exhaust pipe with my name on it.”  Williams was forced to delete the Tweet.

Critics fired back, accusing Human Rights Campaign of using the LGBT community like a cash machine. Related: LGBT Activist Allison: I was Threatened Over HRC Gala Protest

In recent days, various members of the LGBT community have questioned why Democrats ‘picked this fight’.

The General Assembly has never conferred the ability onto any city or municipality to create such ordinances. Cities and towns in North Carolina derived their rule making authority from the state. This was one of several things that was found to be illegal about the Charlotte Ordinance.

House Bill 142 will still need to pass both houses of the General Assembly.

Read House Bill 142:

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