SANDPOINT — The City Council will decide next week on an amended non-discrimination ordinance brought by Mayor Jeremy Grimm.

The review of the code stems from an incident at the Litehouse YMCA where Jennifer Hook, a lifeguard, said she saw a “semi-dressed” man in the women’s locker room showers. When asked for comment, the YMCA told the Daily Bee that its locker room procedure adheres to Sandpoint Code 5-2-10:1-3, the city’s non-discrimination ordinance. 

The city’s current ordinance was passed 15 years ago and states that all people are entitled to the “full benefits of citizenship” regardless of their gender identity or sexual orientation. It further states that if prohibited, the city could charge the offender with a misdemeanor and form a human relations review board. 

Grimm said the latter part of the current code extends the city’s reach and opens it up to costly litigation. In his proposal to the council, Grimm said the amended ordinance he plans to bring at its next meeting will bring the city more in-line with state and federal regulations. 

"I went back and reviewed our code, had a brief discussion with our legal team and I came to the conclusion ‘Why are we involved in this?’” Grimm said. “The events over the last few weeks have resulted in the city’s current ordinance putting us in a situation of a legal and cultural debate that exceeds far beyond out municipal authority.” 

Under current Idaho law, residents must use bathrooms consistent with their gender at birth at specific locations like K-12 schools. In a 2020 Supreme Court decision, the court ruled that discrimination because of sex does include gender identity and sexual orientation. 

In a joint statement issued Monday, Idaho state Sen. Jim Woodward, R-Sagle, said the Supreme Court is set to rule on the issue in the coming months. 

Councilor Joel Aispuro said the issue of transgender rights is an issue that is larger than Sandpoint or the council can solve. He, alongside Councilors Justin Dick and Rick Howarth, said they were in favor of changing the ordinance. 

Councilor Pam Duquette said by her understanding of current federal law, the ordinance was already in-line with the 2020 Supreme Court decision and saw no need to change it right now. 

During discussion, Councilor Kyle Schreiber said he felt the city was acting too hastily in its changing of code. He said it was his understanding that this issue is set to be tackled on the state level during the next legislative session and recommended waiting for that to conclude before changing the code. 

"Rather than rewriting our code right now, my preference would be to wait until they give us directions since they have precedent over what we can and cannot enforce,” Schrieber said. “I think it’s a little premature to modify it at this point.” 

Aispuro said he’d prefer the city to act quickly because they cannot predict what the Idaho Legislature will decide to do. Grimm clarified that the amendment would keep the city in-line with the state code regardless of the legislation passed. 

"We’ve already had an extra special meeting, so in my mind it’s not a big deal to have another meeting to discuss it,” Aispuro said. “I do want to be in compliance with state code.” 

Before the discussion, Grimm opened the meeting up to public comment, where much of the comment was in favor of changing the ordinance to “protect woman and girls.” Testimony focused primarily on sharing personal anecdotes about feeling unsafe in private spaces.  

"This isn’t about discrimination; this is about our safety and our privacy,” Suzanne Tabert said. “Allowing biological males, even if they identify as a woman, undermines these protections and presents serious safety concerns.” 

Andrea Marcoccio, who read a statement on behalf of the Sandpoint Alliance for Equality, opposed changing the ordinance. The statement proposed the idea of a thoughtful discourse meeting, instead of a rapid change. 

“We won’t stand by as a small few seek to hurt Sandpoint with division and scare tactics,” SAFE said in a statement provided to the Daily Bee following the meeting. “Our NDO has been a success since the day the City Council passed it with unanimous, bipartisan support ... we intend to keep it that way.” 

In the joint statement issued Monday, the YMCA and Lake Pend Oreille School District, which uses the facility, said they are taking steps to ensure the safety of visitors.   

“I am relieved that student safety is already being addressed by LPOSD and the YMCA. We will navigate the remaining legal issues as quickly as possible.” Woodward said.