TL;DR: The festival confirmed it will not police toilets, after facing backlash for adopting the EHRC’s interim update, which isn’t legally binding and is currently facing a judicial review.
Download Festival has released a statement in an attempt to clarify its position on the Supreme Court ruling and subsequent interim update from the Equalities and Human Rights Commission (EHRC).
It previously said they would be “following the interim guidance issued by the Equalities and Human Rights Commission (EHRC)” which “states that ‘trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities’”.
The update from the EHRC was not guidance but a preview of what may become guidance after a short consultation. Both the update and the shorter than usual consultation, are currently being challenged in the courts - QueerAF
After backlash from fans, bands and sponsors, the festival confirmed that bathrooms will not be policed in this manner. It went as far as to apologise for the lack of clarity in its previous communication - Kerrang
In a statement, the festival said "We want to reassure all of our customers that at Download, the majority of toilets will be gender neutral and available to all. There will also be single sex toilets provided. Download Festival has always been and remains for everyone" - NME
The decision came to light after pop-punk star Noah Finnce, known for his Trans+ anthems, shared comms from the festival on social media - Louder Sounds
He was one of several acts, including Witch Fever and Pink Shift, who threatened to pull out over the move.
Elsewhere, Lush, who sponsor the festival confirmed they had pulled out because of the decision - Strive
Analysis: A significant cultural misstep
It did seem odd that a festival, where single cubicle portaloos are the toilet of choice, felt the need to jump the gun and implement advice which is currently being challenged with a judicial review - QueerAF
Rock and metal fans, often defined as outcasts, are considered one of the music subcultures most welcoming of progressive movements. So it's little surprise this move from Download Festival, the UK's biggest single gathering of this community with an over 40-year legacy - faced the reaction it did.
I went to Download five years in a row as a teenager. One year I even went as far as ignoring medical advice to go to the festival - punk rock I know. I spent the festival hooked up to one of my roaming IV bags, managing antibiotics and fluids, with incredible disability support from the festival at a period of time when I was unable to eat because of my disability. There are few other places where I've felt so looked after by a community that cares only that you enjoy the same music, whoever you are.
So this decision struck me, as with many I've seen in recent weeks, as one that was likely made by a handful of individuals with prejudiced views who happen to be the decision-makers, rather than as indicative of the brand or the culture at the organisation. We've seen this play out quite publicly at the Equalities and Human Rights Commission (EHRC) too.
It speaks volumes how quickly the festival had to respond and attempt to roll back its decision after fan, band and sponsor outcry.
So if you're headed to the festival this year be sure to hammer that message home. Crank it up to 11, and screamo: Trans Rights Are Human Rights.
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