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Lawsuit Takes Aim At HB2 Replacement

Nick de la Canal

The ACLU and Lambda Legal have filed a revised lawsuit that says transgender people in North Carolina are still harmed under the law that replaced HB2.

The suit contends that HB142 - which replaced HB2 in April - is not only vague, but also violates equal protection under the Constitution by temporarily forbidding local governments from approving non-discrimination ordinances until December of 2020 that might address discrimination against LGBT people.

Chris Brook with the North Carolina ACLU announced the revised lawsuit at a press conference Friday.

"When you have an ambiguous, vague statute like [HB]142, and you have some of the most powerful members of the legislature saying that trans folks using the right restroom could result in criminal sanctions, then you have a statute that's void for vagueness and can't survive scrutiny under the 14th Amendment," he said.

The lawsuit has added Attorney General Josh Stein and Governor Roy Cooper to its list of defendants. Already listed are Senate Leader Phil Berger and House Speaker Tim Moore, both of whom originally spearheaded the passage of HB2, and later its repeal and replacement with HB142.