Transgender student cited, arrest threatened
Seamus Johnston, 22, a transgendered student at University of Pittsburgh’s Johnstown campus received a second criminal citation on Monday, Nov. 21 for using men’s locker room facilities, following one issued Wednesday, Nov. 16.
Three campus security officers confronted Johnston outside the locker rooms. Assistant Chief of Campus Police, Eric Zangaglia, informed Johnston that he was being cited a second time because they did not have enough officers to arrest him. Johnston responded by telling Zangaglia that he did not intend to stop using the men’s locker room.
Campus Police Chief Kevin Grady was also present. He said to Johnston, “We have tried to be reasonable and courteous. . . if you continue, you will be arrested and taken into custody.”
Johnston uses the men’s locker room as part of a men’s weight training course in which he is enrolled. This is his second semester taking the course. Johnston was ordered by the university on Sept. 21 to cease using the men’s locker room, due to complaints received.
Johnston’s next class is Monday, Nov. 28. Coming on the heels of the UC Davis police action, Johnston has asked that PA state police be present to avoid violence by campus security.
On Oct. 19, Johnston sent a letter to Pitt-Johnstown President Jem Spectar and Vice-President of Student Affairs Jon Westcott notifying them of civil rights abridgements. He writes, “I must conclude that the University is acting under ‘color of law’ to commit official oppression and deny me my rights as outlined in. . . Title IX of the Civil Rights Act of 1964, the Pennsylvania Constitution. . . and the University of Pittsburgh’s nondiscrimination policy. . .
“the University has (stated) that it will cease its discrimination if. . . I produce an amended birth certificate. Obtaining an amended birth certificate is impossible for me and many other transsexual individuals.”
Students at Pitt-Johnstown are not required to provide proof of gender when enrolling. University procedure does allow for a denial of request for record change if the record is reviewed and believed to be correct.
Pres. Spectar responded Oct. 21, stating, “We desire to address this issue in a fashion that not only allays your concerns but those voiced by other students as well. I want to take this opportunity to emphasize that the University is committed to ensuring appropriate access to all its facilities by all students as required by law.”
In a follow-up letter on Oct. 24, Johnston informed Pres. Spectar of his intention to return the
men’s locker room that morning. He wrote, “you have no intention of complying with the laws. . . I am the victim of a crime, i.e. an ongoing criminal conspiracy to deny me (my rights). . . Will you compound your crimes and your breaches of University regulation by attempting to use force to stop me?
“You want me to be happy with separate but equal facilities. You wish to segregate me. The answer is no.”
Between Oct. 24 and Nov. 14, Johnston used the men’s locker room a total of seven times, during which the university took no action.
On Nov. 15, The Advocate, official student newspaper of Pitt-Johnstown, published an article quoting Johnston as saying, “‘I will ask the U.S. Attorney, the Deputy Attorney General of Pennsylvania and The District Attorney of Cambria County to prepare charges that I may (file). I will prepare an affidavit of probable cause asking for (President Spectar’s) arrest and that of Registrar Marilyn Alberter, Director Theresa Horner, Vice President Jonathan Westcott and attorney Ted Fritz.’”
The next day, campus security approached Johnston informing him of university judicial proceedings being filed and of a criminal citation being issued.
The citations claim that Johnston is ‘female,’ despite being registered as ‘male’ in the Pennsylvania Department of Transportation database used by police departments.
Following the Nov. 21 incident, in a letter from the Office of Student Conduct and Conflict Resolution addressed to Ms. Seamus Johnston, the university states, “Effective immediately, you are issued a Interim Persona Non Grata which prohibits you from visiting Male Locker Rooms within Sports Center at Pitt-Johnstown.” The letter continues, “Failure to comply with this directive will result in action. . . which may include campus disciplinary charges and/or arrest for defiant trespass.”
In a separate letter, sent the same day, the university states, “This notice is being sent to you to make known that disciplinary charges have been filed against you regarding an incident that occurred on November 16, 2011 at Sports Center. . . As such, your presence is required. . . on November 23, 2011 at 10:00 AM.”
Johnston is Youth Secretary for the Young Peoples’ Socialist League and the Social Democrats, USA, and is a vocal member of the Occupy Johnstown movement.
Johnston said, “I am trying to follow in the tradition of Eugene Debs, Mother Jones, A Philip Randolph, David McReyonlds, Bayard Rustin, and thousands of Occupy protesters worldwide. They all went to jail to protest injustice. I am also willing.”
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