Saturday, June 25, 2016

Ligurta, AZ


Well, I walked another 5.2 miles today.  It was a bit painful, because of a minor hip injury, but I got it done.  On the ground, I walked around my neighborhood and made 2 laps around both floors at IKEA, where it was air conditioned.  But, on the map, on the virtual route, I was on a dirt road just above the map pin above, and it was 105 degrees out there today.  You can see the kind of dirt road, next to farm land, that the route has me on right now CLICK HERE.

That puts me just a bit North of the town of Ligurta, AZ.  Ligurta, (also known as Gila City), is a tiny unincorporated town in Yuma County East of Yuma.  It doesn't have a lot in it, but it does have near it an American-style breakfast and lunch restaurant called Ligurta Station, (which is actually in the town of Wellton).  They can be found at 19702 E Highway 80, Wellton, AZ.  Here's the Facebook page for Ligurta Station restaurant.

The reviews on TripAdvisor  and on Yelp seem to be all positive for Ligurta Station Restaurant, noting their friendly service and good food.  But, one reviewer said that if you're driving there, be careful of the 45mph speed limit, because, apparently, the Yuma County Sheriff hands out a lot of tickets there.

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While I'm headed through the agricultural Gila River valley, on the way to Phoenix, we can take a little more time to take a look at transgender issues in the schools in Arizona.

Recently, the Arizona schools chief, Diane Douglas, blasted Obama's school transgender guidelines. “This directive is yet another example of federal overreach negatively impacting our state’s schools," Douglas said in a statement (AZ Central).  To counter the Obama administration's directive, "Arizona Attorney General Mark Brnovich has filed suit against the federal government over President Barack Obama's directive asking public schools to allow students to use bathrooms and locker rooms consistent with their gender identity...." (AZ Central) "Arizona joins Texas Attorney General Ken Paxton, who is leading the legal challenge, and other states, including Alabama, Georgia and Utah. (Ken Paxton is facing his own legal problems right now, as he is currently under state and federal indictments).  The legal action, aimed at the U.S. Department of Education, the Department of Justice and other federal agencies, seeks to block implementation of the president's directive" (AZ Central).

In a prepared statement, Attorney General Mark Brnovich said the president "has no business setting locker room and restroom policies for our schools.''
"Deciding how to protect our children and preserve their privacy, while balancing these complicated issues, is best done locally and not by some one-size-fits-all decree from Washington,” he said.  (AZ Central).

However, the Obama administration's directives are consistent with the most recent Fourth Circuit Court rulings that affirm that a transgender student should being able to use the facilities that correspond with their gender identity.  The department has said that requiring transgender students to use a bathroom that corresponds with their biological sex amounts to a violation of Title IX, which prohibits sex discrimination at schools that receive federal funding. The court agreed with the government's viewpoint that one's "gender identity" is tantamount to one's sex.  What Mark Brnovich calls a "one-size-fits-all decree from Washington" by the Obama administration, was just a directive that was consistent with the appellate court ruling.  Apparently, Brnovich doesn't think that Title IX applies to schools in the state of Arizona.

Brnovich has the backing of state schools chief Diane Douglas who had previously blasted the administration's announcement.
"When Arizona students attend school, they deserve a safe environment that is free from bullying and discrimination, regardless of their gender identity,” she said in her own statement.
"I know that our districts and schools have policies in place to ensure that is the case,” she continued. "The fact that the federal government has yet again decided that it knows what is best for every one of our local communities is insulting and, quite frankly intolerable.” (Tucson)

Interestingly enough, state laws on bullying do not, in fact, specifically reference gender identity.

In 2014, AZ SB 1188 would have amended existing law to include sexual orientation and gender identity in its proscription against bullying in schools.  However, it did not pass.

The bill would have required school districts to prescribe and enforce policies and procedures to prohibit pupils from harassing, intimidating, and bullying other pupils, including harassing, intimidating, and bullying other pupils based on actual or perceived sexual orientation or gender identity,on school grounds, on school property, on school buses, at school bus stops, at school‑sponsored events and activities, and through the use of electronic technology or electronic communication on school computers, networks, forums, and mailing lists. (Legislative Tracker)

It appears at this date that in Arizona there are two laws that pertain to bullying in schools:
Arizona Revised Statute:
Although 15.341 generally prohibits "harassment, intimidation or bullying," there is no reference to anything specifically about gender identity.  So, theoretically, if a male-to-female trans student goes into the ladies restroom, and a "cisgender" girl tells her to "get out, you're a man!" this would be allowed under Arizona's current school policy.  In fact, given the statements of Diane Douglas and Mark Brnovich, dis-affirming the gender identity of transgender students would be encouraged!

Despite Diane Douglas and Mark Brnovich's viewpoint that local authorities should be able to determine what rules should and should not apply to transgender students, the Justice Department and the 4th District Court disagree with their viewpoint.  It appears that this may have to be settled by the SCOTUS.

Both the rights of transgender students to use the facilities that correspond with their gender identity, and the right to privacy of other students could be upheld by privacy shower stalls (that could be installed) and privacy bathroom stalls (that already exist).  It's simply an added expense that may be necessary in order to comply with the law.



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