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Add Nondiscrimination Requirements for Single-Occupant Restrooms in Places of Public Accommodation Code to establish equal restroom access by requiring gender neutral signage (add Code Section 23.01.071)
The City of Portland ordains.
Section 1. The Council finds:
- Lack of all-user restroom signage requirements and standardization limits the accessibility of single-user restrooms. The City currently does not require that on-premises single-occupancy restrooms in places of public accommodation be gender neutral. Single-occupancy restrooms may have binary gendered signage, limiting access for users. Requiring gender neutral signage for single-occupancy restrooms improves access for all users, including but not limited to parents with young children, individuals with caregivers or personal attendants, people who are menstruating or who experience urinary retention or gastrointestinal disorders, and members of the transgender, non-binary, gender-nonconforming, and gender expansive community.
- Resolution 37175, passed by the Council on December 17, 2015, directed all City bureaus to convert existing single-user gender-specific restrooms into all-user restrooms and to develop a plan to increase the number of all-user restrooms Citywide. This effort was aimed at increasing restroom access across a broad spectrum of persons, as described above. The City created internal standards to convert all single-user restrooms within its own facilities to gender neutral, "All User" facilities.
- The City of Portland does not have requirements that extend beyond City-owned facilities to places of public accommodation. Other jurisdictions, such as Washington, D.C. (passed in 2006), Seattle (2015), Philadelphia (2015), California (2016), Vermont (2018), Illinois (2019), New Mexico (2019), New York State (2020), and Chicago (2021), among others, already require that all on-premise single-occupancy restrooms in places of public accommodation must be gender neutral and replace binary signage (e.g., "men" and "women") with all-user signage.
NOW, THEREFORE, the Council directs:
- Add City Code Section 23.01.071 as shown in Exhibit A.
- This ordinance does not mandate the creation of any single-user restrooms or any physical changes to existing restroom facilities. Existing staff resources could be utilized to provide sample signage to support impacted businesses. Enforcement costs are undetermined and will vary based on the enforcement mechanism.
- The notice and enforcement of this ordinance shall be directed by the City Administrator, with a best practice recommendation to send notice to all applicable places of public accommodation with information that can serve as compliant signage in 2026, as determined by the City Administrator.
- Failure to comply may be reported to Code Review via 311. Portland Permitting and Development will investigate and take further action to enforce this Code for any noncompliant businesses.
- Funding should be identified in the Fiscal Year 2026-27 City budget to cover any applicable costs of this ordinance, including, but not limited to, funding to send notice to all applicable places of public accommodation.
Exhibits and attachments
An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved
in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)
Passed as amended by Council
Auditor of the City of Portland
Simone Rede
Impact Statement
Purpose of proposed legislation and background information
The purpose of the proposed legislation is to establish equal restroom access for all users by requiring that all single-occupant restrooms in places of public accommodation utilize gender-neutral signage. This ordinance is grounded in the understanding that the lack of single user restrooms can impede restroom access for many individuals, including parents with children, people with personal attendants, individuals with health-related restroom needs, and members of the transgender, nonbinary, and gender-expansive communities. The City of Portland has already converted single-user restrooms within City facilities to all-user restrooms following Resolution 37175 (2015), but the current City Code does not extend these requirements to places of public accommodation. Numerous jurisdictions, such as Washington, D.C., Seattle, Philadelphia, California, Vermont, Illinois, New Mexico, New York State, and Chicago, have already implemented similar policies, reflecting a broader national movement to improve restroom accessibility. This ordinance adds City Code Section 23.01.071 to require appropriate all-user signage and to ensure that single-occupant restrooms in places of public accommodation are available for use by any person regardless of sex or gender identity.
Financial and budgetary impacts
The ordinance does not require businesses or entities to construct new restrooms or make physical modifications to existing single-user facilities. Places of public accommodation will bear the minimal cost of replacing existing gender-specific signs, if any, with compliant all-user signage. Compliant signs can be purchased for as little as $5 each. Existing staff resources can be used to inform businesses of the requirement. The cost of informing applicable places of public accommodation depends on the route chosen by the City Administrator and may include printing and mailing costs. When this cost was estimated in 2024, the estimate was $60,000 for printing and mailing notice postcards that could also serve as compliant signage. Enforcement costs remain undetermined and will depend on the specific enforcement mechanisms and volume of reported noncompliance. In peer cities, these costs diminished rapidly over the first five years as applicable businesses complied. As of 2023, the Oregon Plumbing Code already mandates that all single-user restrooms in new builds be all-user restrooms, but the code change did not impact pre-existing builds. The City Administrator, in coordination with the City Attorney's Office, will oversee notice and enforcement duties within existing salaried FTE.
Economic and real estate development impacts
The ordinance is not expected to create significant economic or real estate development impacts because it does not require physical construction, remodeling, or reconfiguration of restroom facilities. Any economic burden on businesses is minimal and limited to signage replacement. By improving restroom accessibility, the ordinance will positively influence residents' and visitors' experiences in public-facing businesses and may contribute to more inclusive business environments, aligning Portland with peer jurisdictions that have adopted similar nondiscriminatory restroom standards.
Community impacts and community involvement
This ordinance is expected to benefit a wide range of community members by increasing equitable restroom access. Individuals who will benefit include caregivers or people with attendants, parents with young children, persons who menstruate, individuals experiencing urinary or gastrointestinal conditions, and members of the transgender, nonbinary, and gender-expansive communities. Community impacts are likely to be positive because the change promotes dignity, safety, and accessibility in public spaces. Although the ordinance text does not specify a public engagement process, the policy is informed by prior City efforts dating back to Resolution 37175 and reflects established best practices implemented by numerous jurisdictions nationwide. Community members can report violations through 311, ensuring continued public involvement in monitoring compliance.
100% renewable goal
Not applicable.
Economic and real estate development analysis
Analysis provided by Prosper Portland
An Economic and Real Estate Development Impact Analysis was not submitted for this proposed action. Pursuant to City Council Resolution 37664, Prosper Portland staff has reviewed the action and agree that it does not require an Economic and Real Estate Development Impact Analysis.
Document history
Document number: 2025-475
President's referral: Arts and Economy Committee