Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2020).pdf/20

 trial, the District Court found that Mr. Adams’s presence in the boys’ bathroom does not jeopardize the privacy of his peers in any concrete sense. When Mr. Adams uses the restroom, he “enters a stall, closes the door, relieves himself, comes out of the stall, washes his hands, and leaves.” The School Board received no reports of privacy breaches during the six weeks Mr. Adams actually used the boys’ restroom at Nease. Indeed, the School Board could not produce any “complaints of untoward behavior involving a transgender student” in the restroom. Nor could the School Board point to any incidents across the country in which allowing transgender students to use the restroom according to their gender identity compromised other students’ privacy. The District Court found that “any student engaging in voyeurism in the bathroom would be engaging in misconduct which is [already] subject to discipline through the School District’s code of conduct,” such that the bathroom policy was not necessary to protect any new privacy concerns. The court also accepted expert evidence that transgender students like Mr. Adams “typically seek privacy and discr[eet]ness in restroom use and try to avoid exposing any parts of their genitalia that would reveal sex characteristics inconsistent with their gender identity.” In fact, the School Board conceded at oral argument it was “fair” that some transgender students in the School District may already be using the bathroom consistent with their gender identity, without anyone’s knowledge. Oral Arg. Recording at 12:05–12:43. From