A local transgender woman has been found not guilty of public indecency charges related to incidents at the Xenia YMCA last year.
Rachel Glines, 31, of Fairborn, was charged in Xenia Municipal Court with three counts of public indecency, all fourth-degree misdemeanors, for incidents in September and November 2022, and a third incident between November 2021 and 2022.
“The facts and law have been on Ms. Glines’ side from the beginning. It’s unfortunate not only for her, but for the entire community, that the filing of these charges ever occurred,” Glines’ attorneys said in a statement Monday. “We are grateful that the rule of law and the truth prevailed so that Ms. Glines and the community can move on in peace.”
Xenia police received “several complaints of a naked man in the females’ locker room” of the YMCA branch, which is located on Progress Drive in Xenia, according to the criminal complaint.
Witness testimony in court this spring indicated that Glines had been in a state of complete undress during all three incidents, which happened in the common area of the women’s locker room.
All three complainant witnesses who testified in court March 20 said they did not see Glines’ genital area, either because they had removed themselves from the situation, or because the genital area was covered by other parts of the body.
The case focuses on two elements, exposure of private parts and culpable state of mind, Judge David McNamee’s decision reads.
“The state argues that the court should subjectively determine the quality and nature of the coverage that prevents exposure of genitalia,” the filing reads. “The court declines to do so.”
Glines was given permission to use the women’s facilities at the Greater Dayton YMCA locations by the organization’s leadership, the filing says. As such, Glines was never charged with trespass, or being in an area “where the defendant was not supposed to be,” per the filing.
The YMCA of Greater Dayton has said that state non-discrimination laws require it to allow transgender individuals to use locker rooms, changing rooms and bathrooms that align with their gender identity. They do say that posted locker room guidelines ask patrons to “remain properly covered while in public areas of the locker room.”
