SIOUX FALLS, S.D. (KELO) – On July 1, a new South Dakota law will take effect, requiring transgender people to use restrooms that align with their gender assigned at birth.
The change has one South Dakota family selling their business and leaving the state.
Outside of a Dog, Books and Games opened in Vermillion four years ago. But due to recent anti-LGBTQ+ laws, that will be changing.
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“Vermilion was the only community in South Dakota that had a transgender affirming bathroom policy. And for all that, our local legislators talk about local control, as soon as that got passed, state government said no, local control doesn’t apply to this. We don’t want trans people to be able to use the bathroom in Vermillion,” said Mike Phelan, Owner.
Mike and his wife Jennifer don’t know yet where they will be going and know that everywhere there will be challenges, but both are looking for community support.
“It is about your local government, but also, the state play a major play, a major part in that. And we’ve seen that. And so going to a state where there are laws in place where we know local policies can then flourish from that. So that’s, that’s where we’re headed.” said Jennifer Phelan.
For the Phelans, the most important factor in all of this is family, and what is best for their children, including their transgender daughter.
“One of the biggest things is if you have to question where you can do a very basic biological function when you’re out in the world not knowing, can you go to a rest stop? Where what if you’re at the library, what is state owned, what is non state owned? And to have that at fear, that’s not something that we as a family can, can live with,” said Jennifer Phelan.
Mike says these laws affect more than just a small group of people.
“It’s closing businesses. It’s driving people out. It’s telling people that their lives aren’t valuable… there’s not a crime wave of transgender people in this state. There’s people trying to live their lives,” said Mike Phelan.
And the Phelan’s are choosing to live their lives outside of South Dakota.
The family is hoping to sell the store. But if they don’t, they’ll sell the inventory at the end of the summer.