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Helena’s city commission unanimously voted to join in a legal battle against I-183, the proposed ballot initiative requiring all government entities in Montana to designate restrooms for use by one biological sex.

Monday's vote was 5-0 in favor of joining the League of Cities and Towns as intervenors in the ACLU of Montana’s lawsuit against the proposed initiative. The suit argues that the initiative is unconstitutional and asks the court to prevent the secretary of state from placing it on the November 2018 ballot.

City attorney Thomas Jodoin explained that the city will not be a plaintiff like Bozeman and Missoula, but will be joining the League of Cities and Towns to provide other arguments against the state.

The state of Montana has filed a motion to dismiss the ACLU’s lawsuit. Alex Rate, the legal director for the ACLU of Montana and attorney of record, said the ACLU is currently writing a brief against the state’s argument.

While the ACLU is arguing the ballot initiative targets people who are transgender and would not allow people to use the bathroom corresponding to their gender identity, the city of Helena and League of Cities and Towns are discussing arguments about city sovereignty.

“These are complementary angles to the ACLU,” Jodoin said.