I mean, they shouldn’t even have to check birth certificates.
What’s stopping a business from saying you can’t use their restrooms just because they feel like it?
Well potentially nothing? Until someone says “why?” and then it becomes gender discrimination
Does a business even have to answer that question?
If they get sued. Or are under public pressure to not be a bunch of assholes. Sure.
Might be part of the requirement for running a business is you have to have a restroom available. When’s the last time you were in a restaurant without a bathroom? I’m sure they all don’t just supply one because it’d be weird to not, instead it’s probably part of the license req.
In the general case, nothing. Not too long ago I was in a Ben & Jerry’s that had closed its bathroom down, for example.
The bartender in question here committed battery; that’s the underlying crime, not denying bathroom access. The hate crime rider on top is, by definition, an enhanced penalty for thinking illegal thoughts while committing some other crime.