Meggan Sommerville, who was born male and began transitioning genders in 2007, has been fighting to use the ladies’ restroom for over 10 years at Sommerville’s place of employment, Hobby Lobby. Sommerville has been a Hobby Lobby employee since 1998. Sommerville filed a complaint in 2013 after being disciplined by the company for using the women’s restroom.
The amount awarded to Sommerville will go toward attorney fees and emotional distress, according to the Illinois Second District Appellate Court. In statements describing the impact of the retailer’s restrictions, Sommerville cited nightmares about restrooms and said Hobby Lobby’s restrictions resulted in Sommerville taking in less fluid on the job, which led to health issues.
Despite Hobby Lobby installing a unisex restroom to remedy the situation, Sommerville said, “Every time you go to the bathroom, sometimes it’s four or five times a day, I have to use the unisex bathroom.” Sommerville said if someone else is using the single restroom, “I wait, but I don’t want to feel like a creeper and be waiting outside the bathroom. All the bathrooms are at the front of the store. So, I walk back to my shop at the back of the store and wait until I have another opportunity, and then go back up and hopefully somebody is not there.” The court said that the women’s restroom should be available for Sommerville’s use regardless of Hobby Lobby’s unisex restroom.
The historic decision will have national implications, Sommerville’s attorney Jacob Meister said. “This decision will have national implications and start the process of courts around the country addressing the issue of bathroom access.”
The court shut down Hobby Lobby’s argument that it was protecting women with the restriction. The company’s argument alluded to men posing as women to sexually assault, secretly photograph, and otherwise victimize females in the ladies’ restroom.