Bern apologises to trans woman detained in women’s bathing area

The women's section of the Marzilibad in Bern, within view of the Swiss parliament. Keystone-SDA

A trans woman is at the centre of a controversy at the Marzilibad in Bern. She was taken away by the police on Sunday following an altercation in the women’s section of the public open-air swimming pool.

“The police operation was disproportionate,” criticised people close to the person concerned in a statement on Monday. They said six police officers used excessive force to bring the trans woman to the ground and led her away in handcuffs.

After being held at a police station for two hours, the person spent the night in hospital, according to those close to the individual when asked by the Swiss News Agency Keystone-SDA. The marks left by the police intervention were documented there, including “several large bruises”.

Two female visitors to the “Paradiesli” section, where nude sunbathing is permitted, felt harassed by the mere presence of the trans woman, the statement said. The women reported this to the private security service, which then called in the police.

Those close to the trans woman also criticised the fact that three male police officers had entered the women’s area of the baths. Female police officers were only called in for support at a later stage.

The statement called for an independent and transparent investigation into the entire incident and clarification of the legal basis.

According to the police account, the person in question refused to leave the women’s area of the swimming pool despite being asked to do so by the pool staff. Several guests had complained about their presence.

During the subsequent identity check, several people present showed solidarity with the person in question, the police wrote in a statement. They obstructed the police intervention, while the person actively resisted the measures.

During the operation, a person as yet unidentified physically assaulted a policewoman. The officer sustained minor injuries as a result.

The police took the trans woman in question to a police station for further investigation. After her release, an unauthorised solidarity rally formed on a square in the centre of the city.

The demonstrators then marched through Bern city centre. According to the police, the rally was peaceful and no damage to property was caused.

The Bern cantonal police have launched an investigation into the incident.

Apology

On Monday the City of Bern apologised to the trans woman. “In retrospect, the decision proved to be wrong,” the city said.

The person concerned meets the access requirements, it said. “All persons who identify as female and live as such are granted access to the voluntary nude area ‘Paradiesli’.”

An internal guideline, developed by the Sports Office together with the Office for Gender Equality, is intended to help on-site staff manage access to gender-segregated areas. The Sports Office plans to communicate the access rules more clearly in the future.

According to the city, the person concerned had not been perceived as female by other bathers due to certain physical characteristics.

Discussions with the private security service were unable to defuse the situation, it said. As a result, operations decided to have the trans woman removed by police. The tense atmosphere led to this incorrect assessment of the situation, the city authorities said.

Translated from German, sub-edited by ts