The court rejected a request for approval of a lawsuit against cafes operating unisex services • LGBT associations: "Separation of services - serious harm to customers" • Judge Rahamim Cohen: "Illegal distinction"

• Services for both sexes. "Separation without Discriminatory Marking"

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Raise the plank "- The regular trial that every man hears in his life at least a thousand times came to a class action lawsuit in Tel Aviv District Court. The applicant's claim was against coffee shops in Israel that violate the law by not separating men's and women's services, and according to the request Men dirty the toilet more. 

Justice Rahamim Cohen rejected the application for class action and thus accepted the position of lesbian, gay, transgender and bisexual community organizations in Israel, which also went against the request because the cell fence would result in serious and actual harm to clients of undefined sexual identity.

According to the request in the court's request for approval, the provisions of the law require separation of service cells for women and men in cafes, but these do not install at all, and there are service cells, without separate entrances, including in the absence of signage and without separate sinks - all in contravention of the law and in violation In customers.

The applicants claim that cafes that do not separate women's and men's services provide improper sanitation conditions to their customers, since men tend to leave the toilet with dirt and urine stains on the toilet, so a woman who uses a toilet cell where she was previously a man is forced to take various measures, including " Upholstery "Toilet paper toilet. This also causes unpleasantness involving the use of shared services with men.

Hypotheses are refuted 

On the other hand, the cafes claim that the applicants did not lay the groundwork to prove that the separation of toilet cells between women and men prevents the claim. There has never been any survey or market research to check in how many cases the toilet cubicles were dirty due to the use of a male, and some women were affected, and these are unfounded hypotheses. 

For the sake of separation, the service cells are separate from each other anyway, and there are no variables. Contrary to the presentation of the request, this is not a shared service. All toilet cells are connected to its common entrance door lobby, and each toilet cubicle is completely separate from the other cells.

"Because the toilet cubicles are completely separate, the purpose of the marking has been achieved, without discriminatory marking and without prejudice to the dignity of those who do not meet the 'traditional' definition of a man or woman. The claims and insinuations that wherever a man makes his needs automatically become covered in urine and dirty - Shameful, disgraceful, and prejudice-based, which refers to a certain gender defective behavior, "the response reads.

Several nonprofit organizations and civil rights organizations, including the LGBT community in Israel, have applied to join the court as a court for interpretation of the licensing regulations, and their application has been approved. They believe the regulation should not be interpreted as mandatory for single-sex cells And that the cells' skin will cause severe and real harm to clients with an unspecified sexual identity. 

Stereotypical thinking

Justice Rahamim Cohen accepted the position of the cafes and associations and rejected the request, writing in his decision that the allegations were not backed up with evidence or explanations, and no infrastructure was laid for the alleged damage or causal link between the respondent's conduct, namely the separation of services, the alleged damage from lack of service. Convenience as a result of men using the bathroom. 

The applicants also did not lay any evidential foundation as to the extent of the group that experienced the alleged damage. "Applicants' arguments raise questions about the legitimacy of the distinction that applicants make between women and men, about how the services are used in ways that are based on stereotypes that are not based," Justice Cohen wrote: Complete a population without displaying clear data and presenting it as 'known' data, not least when it is loaded without displaying appropriate and established data.

"Beyond that, some may argue, and not without reason, that the argument that women are forced to pad the toilet is irrelevant to the fact that a man used the toilet earlier, and that women also dirty the toilet.