Houston again appeals anti-transgender bathroom petition Wilson's list of required signatures is called 'untimely' and 'not a charter amendment'

The verdict on whether anti-gay activist Dave Wilson collected enough valid signatures to force a vote to amend the city charter and bar men "who perceive or express themselves as women" from entering women's restrooms will have to wait.

On Friday evening, the city appealed District Court Judge Brent Gamble's order to count the signatures on Wilson's petition by Saturday's deadline, saying it "is an untimely referendum petition, not a charter amendment."

Wilson, a Houston Community College trustee, said he collected more than 22,000 signatures, more than the needed 20,000 to change city charter.

Possible repeal this fall

The secretary's office was counting signatures under order from a state district judge since late July. Wilson says the city tried to delay validating signatures until Monday and asked Gamble to clarify his order in a conference call on Monday. Gamble refused to grant the city a delay or to clarify his order, according to both Wilson and the letter from the city appealing the order.

"If I didn't have enough signatures, they wouldn't be pulling this," said Wilson. "It's obvious I have enough signatures. They can't win that way so they're fighting me this way."

City officials did not respond to calls or emails Saturday about the appeal.

Wilson submitted a similar petition in April, but apparently misunderstood state law and was 300 signatures shy of the 20,000 names needed for a charter amendment. He said he started over and said he submitted more than 22,100 valid signatures on July 9.

For months now, Parker's legal team has contended that Wilson's proposed charter revision too closely resembles a repeal petition pertaining to the city's equal rights ordinance that had been tied up in court. His effort is too late and should not be considered, they have said, because those seeking to repeal an ordinance must submit their petition within 30 days of the law going into effect. City Council passed the ordinance in May 2014.

Under separate orders from the Texas Supreme Court, City Council voted Wednesday to send the law to voters for possible repeal this fall.

Rallying cry

That law has become a rallying cry for Wilson and other social conservatives, who object to the protections it extends to gay and transgender residents. The ordinance also bans discrimination, as federal laws do, based on sex, race, color, ethnicity, national origin, age, religion, disability, pregnancy and genetic information, as well as family, marital or military status.

The ordinance applies to businesses that serve the public, private employers, housing, city employment and city contracting. Religious institutions are exempt.

Wilson has said the equal rights ordinance is not driving his petition, which seeks to define gender identity "as an individual's innate identification, as either male or female, which is assigned at birth." It would require businesses to adopt the same definition.

To Wilson, the petition is a small step in reversing a cultural decline in the city.

"We need to focus on filling potholes rather than the homosexual agenda," Wilson said.