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Is there a law or statute I can print out regarding if its

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Is there a law or statute I can print out regarding if it's illegal for a woman to enter the men's restroom in Colorado? I've found many items regarding transgender men entering women's restroom but nothing regarding the opposite. My husband was in a night club's restroom and the female bartender entered the restroom and grabbed his arm trying to escort him out because he didn't pay the cover charge. I was waiting in the car for him and he was just running in to see what was going on, he didn't want to stay so he just used the restroom.   I would like something I can print out and bring to court with us as he was charged with assault on her but again, she entered the men's restroom and instigated the fight. When he came out of the restroom, her along with 3 guys dragged him out. Thank you.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. Unfortunately, I do not think that the issue of entering the restroom will provide your husband with an affirmative defense to an assault charge. Senate Bill 08-200 has been enacted into law in Colorado. It certainly has important impact in the context of sexual orientation and transgender issues, but it also expressly prohibits discrimination based on gender (sex) in providing public accommodations.
  3. I am afraid that another factor going against your husband will be his failure to pay the cover charge, if I am understanding the situation correctly. I would be glad to discuss further aspects of your inquiry if you would please write back and provide the degree of assault charge (first, second, third) being brought against your husband.

     

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 5 years ago.
I'm not sure exactly what degree is was, they didn't arrest him, they just gave him a ticket to show up to court and sent us home. They told me if was not a felony and the bartender just went back into the club to work. He didn't pay the cover because we weren't going to stay there. I was actually waiting in the car while he ran in. We've been in that club many times and his band even played there like 6 years ago. They made it sound like he was going to hide out in the restroom and not pay but it was put in the police report that I was in the car waiting and there were no physcial marks on the bartender.
Expert:  LawHelpNow replied 5 years ago.

Hello again and thanks for writing back. I will be glad to comment further.

 

It sounds like this is a pretty minor charge. There are three criminal classifications of assault under Colorado law as well as the offense of menacing. Here are the actual applicable statutory provisions:

 

18-3-201. Definitions.
18-3-202. Assault in the first degree.
18-3-203. Assault in the second degree.
18-3-204. Assault in the third degree.
18-3-205. Vehicular assault.
18-3-206. Menacing.
18-3-207. Criminal extortion - aggravated extortion.
18-3-208. Reckless endangerment.

 

 

If a reasonable person would have felt it necessary to use force to avoid a danger of being hurt, and reasonable force was used, then there may be a viable self-defense argument. In other cases, the alleged assault may have been accidental, or the accuser may have misinterpreted the defendant's actions. The defense of property may even be a viable defense to a charge of assault. Finally, mitigating circumstances could help reduce his responsibility as well. The lack of physical marks is another factor in your husband's favor here.

 

The best course of action would be to speak with a local criminal defense attorney. For this type of charge, many will handle the matter on a flat fee, which can be less costly than hourly billing.

 

I hope this is of some more help and that everything works out appropriately.

 

Take care and thanks again for using JustAnswer®.

 

[Please click the "Accept" button. This is the only way I will get paid for my services.]

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
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