Nicole Forsythe thought she was doing the right thing when she agreed to accept cases for indigent criminal defendants in Wyandotte County in 2022, helping out because there was a shortage of attorneys willing to do what is difficult and often underpaid work.
Then, in fall 2023, security screenings were changed at the Wyandotte County Courthouse — and it was immediately noticeable to women trying to get into the building.
“All of a sudden, my bra started going off,” Forsythe said. “And everybody’s bra started going off.”
New metal detectors installed by the Wyandotte County Sheriff’s Office had ultrasensitive settings, so underwire bras were triggering the scanners. Women who set off the technology were made to wait while a female deputy was called to do a very thorough job of patting down the visitor.
“So if you’re female — lawyer, witness, any sort of professional coming into this building to work — you have to get felt up, basically,” Forsythe said.
Forsythe complained, loudly. She admits she had a blow-up with the deputy in charge of courthouse security, who she said threatened to jail her. She also tried to dodge the sensors by removing her underwire bra and was told, “Don’t ever try that again.”
“It’s further subjugation of women’s bodies — or anybody who wears a bra,” Forsythe said. “If anybody, a private citizen, were to touch me that way, I could press charges probably. People have taken misdemeanor charges for that kind of conduct.”
Sheriff’s Captain Michael Kroening defended the process, saying the machines are set at a level recommended by the manufacturer. The system was established to protect those in the courthouse from dangerous weapons, he said.
“We have had numerous items that visitors have attempted to bring in that could be used to harm or kill someone in the courthouse,” he said. “Because these items appear to be normal, everyday things, it takes very thorough checks to ensure the items are caught before entering the courthouse.”
As for deputies who are defensive with women who complain, Kroening said if there are specific dates and times of the incidents, the department will investigate and “take action if deemed necessary.”
The Wyandotte County situation is similar to one that occurred in 2019 in Jackson County, Missouri, when female lawyers had to remove their underwire bras to get into the jail. It was dubbed "Bra-gate."
The county sheriff there ultimately compromised and installed a new security protocol. By 2022, the Jackson County Legislature was forced to pay $405,000 to two female jail employees who filed sex discrimination lawsuits.
Forsythe, who was involved in the Jackson County “Bra-gate,” calls this one on the other side of the state line “Bra-gate 2.” She isn’t the only one complaining.
Several other women KCUR contacted said they have had the same experience but don’t want to go public with their criticism for fear of retaliation by the sheriff’s office, judges, district attorney or other courthouse staff. (Female courthouse staff do not have to go through security.)
And it’s not just female lawyers who face the problem. This reporter, who regularly visits the Wyandotte County Courthouse, has set off the sensors at least twice and each time had to undergo an aggressive, thorough groping by female deputies.
Forsythe and other women who visit the courthouse worry even more about victims of sexual assault, breast cancer survivors or anyone who could be triggered by the trauma of unwanted hands on them.
“It’s humiliating,” Forsythe said, “especially if you’re coming in to court and your opposing counsel is walking by you while you’ve got your arms out and you’re getting felt up. Judges are walking by you. Everybody can see it happening. It just seems ridiculous.”
