07-08-2025
Fringe venue removes signs allowing biological men to use women's toilets
An Edinburgh Fringe venue has removed signs allowing biological men to use women's toilets after a backlash.
Underbelly Bristo Square, which is home to multiple small theatres, put up a sign outside the female bathroom telling attendees to 'use whichever toilet best fits your identity or expression'.
Women's rights activists accused the venue of breaking the law after the Supreme Court said transgender women were not legally women in a landmark ruling.
The judgement by Britain's most senior judges in April prompted new guidance from the Equality and Human Rights Commission, stating that although it is not compulsory for public services to have single-sex facilities such as lavatories, it could be indirect sex discrimination against women if the only lavatories provided are mixed-sex.
Venue on 'rocky ground'
Following the backlash, the venue has now removed the sign – leaving the female bathroom symbol standing alone outside the toilet.
A sign outside the unisex toilet, between the male and female loos, also states: 'individual cubicles. Anyone welcome'.
A spokesman for Underbelly told The Telegraph: 'We have updated our signage and facilities to clearly provide separate toilets for men only, for women only, alongside a separate inclusive option for anyone regardless of how they identify.'
The row was sparked after a photo was posted on social media by Alex McDonald, who said: 'My wife is incredibly upset by this. Maybe @edfringe could act and just remove them before @PoliceScotland get involved.'
Susan Smith, from the campaign group who brought the gender case to the Supreme Court, warned that the venue was on 'rocky ground' because of the disclaimer.
Ms Smith of For Women Scotland told The Telegraph: 'This is plainly unlawful. You can't have a sign like that. You can either have a mixed-sex space or a single-sex space. It's not possible to have both at the same time. It's either one or the other.'
'I think Underbelly is on rocky ground because something could happen in those toilets, like a sexual assault or someone even recording an individual undertaking their business.'
'Flouting the law'
She added: 'Underbelly should remove these signs as soon as possible. If they fail to do so, then they could be flouting the law.'
Helen Joyce, director of advocacy for human-rights charity Sex Matters, which campaigns for clarity about biological sex, added: 'There's no lawful basis for putting up male and female signs – for toilets, changing rooms and so on – and then declaring that you mean something other than sex.'
Underbelly Bristo Square is hosting hundreds of productions throughout the Fringe, with genres ranging from children's shows, theatre, comedy, musicals, opera, cabaret and variety.
