*Amend Civil Rights Code to reflect City policy and the Oregon Equality Act, and make other process changes in relation to all-user, single-occupant bathrooms (replace Subsection 23.01.030 A.; add Section 23.01.065)
The City of Portland ordains.
Section 1. The Council finds:
- In 2007, the State of Oregon enacted the Oregon Equality Act prohibiting discrimination based on sexual orientation and gender identity in, inter alia, places of public accommodation.
- On December 17, 2015, the City Council passed Resolution No. 37175, directing all City bureaus to convert existing single-occupant, gender-specific restrooms into all-user restrooms and to develop a plan to increase the number of all-user restrooms Citywide. To date, there is no published plan to increase the number of all-user restrooms Citywide.
- Increasing restroom access benefits everyone, including but not limited to members of the transgender and gender-expansive community, individuals with caregivers or personal attendants, people who are menstruating or who experience urinary retention or gastrointestinal disorders, and parents with young children. Resolution No. 37175 acknowledged that “direct access to restrooms is a safety, equity, and public health concern, and restrooms should be available to all persons, regardless of status” and that “public female-specific facilities must accommodate a wider range and frequency of physiological needs, which tend to prolong the wait time for female-designated facilities.”
- Washington, D.C. (2006), Seattle (2015), Philadelphia (2015), California (2016), Illinois (2019), New York State (2020), Chicago (2021), and many other jurisdictions already require that all on-premises single-occupancy restrooms in places of public accommodation must be gender neutral and replace “men” and “women” signage with all-user signage.
- Furthermore, changes to Chapter 29 of the 2023 Oregon Structural Specialty Code (OSSC), which apply on a prospective but not retrospective basis, explicitly now require that all single-user and family or assisted use toilet rooms “shall be identified as being available for use by all persons regardless of their sex.”
- A “Single-Occupant Restroom” is a fully enclosed, lockable restroom with one toilet, designed for use by one individual at a time. A Single-Occupant Restroom may be used by an individual with the assistance of or in the company of another individual (for example, a personal attendant, parent or child). A Single-Occupant Restroom may include a urinal in addition to a toilet.
- This ordinance amends Title 23 (Civil Rights), updating a narrow definition of “sexual orientation” at Subsection 23.01.030 A. and adding a new Code Section at 23.01.065, as reflected in Exhibit A, titled “Nondiscrimination Requirements for Single-Occupant Restrooms in Places of Public Accommodation.”
- The new provision requires that Single-Occupant Restroom in places of public accommodation may not be restricted to a specific sex or gender identity and must use appropriate signage to indicate such facilities are designated for use by any person.
NOW, THEREFORE, the Council directs:
- Replace City Code Subsection 23.01.030 A. and add Section 23.01.065 as shown in Exhibit A. Enforcement of City Code Section 23.01.065 shall commence no earlier than July 1, 2025.
Section 2. The Council declares that an emergency exists to close an access gap that disparately impacts vulnerable populations and particular protected classes in places of public accommodation; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.
Official Record (Efiles)
Impact Statement
Purpose of Proposed Legislation and Background Information
Enter Purpose of Proposed On December 17, 2015, the City Council passed Resolution No. 37175, directing 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. To launch this effort, the City created internal standards to convert all single user restrooms within City facilities to gender neutral facilities that impacted over 600 restroom facilities. Notably, however, the City of Portland does not have requirements that extend beyond City facilities to places of public accommodation.
Washington, D.C. (2006), Seattle (2015), Philadelphia (2015), California (2016), Vermont (2018), Illinois (2019), New Mexico (2019), New York State (2020), Chicago (2021), and other jurisdictions already require that all on-premise single-occupancy restrooms in places of public accommodation must be gender neutral and replace “men” and “women” signage with all-user signage. The City of Portland currently does not have a similar requirement, and the implementation of such a requirement would build upon the public policy outlined in Resolution No. 37175.
Financial and Budgetary Impacts
Not applicable as this will be enforceable through private action.
Economic and Real Estate Development Impacts
The proposed ordinance has been discussed and shared with business community groups, including the Portland Metro Council and Oregon Pride in Business (ORPIB). The LGBTQIA2S+ Program met with each group on September 6, 2024, and these groups have had the opportunity to provide input through October 9th, 2024. Jay Clark, Public Affairs Director at the Portland Metro Council, expressed the support of the organization on September 11, 2024. Michael Jonas, Executive Director at ORPIB expressed the support of the organization on September 26, 2024. These organizations shared that they were not concerned with the burden placed on businesses, and were mainly focused on ensuring small businesses received sufficient notice to make any necessary changes. This action does not influence the timeline of doing business, cost of doing business, business competitiveness and job growth, affordability, costs of goods, and/or household income.
Community Impacts and Community Involvement
The all-user signage requirement positively contributes to city livability. All-user restroom signage for single user restrooms increases restroom access across a broad spectrum of persons, including but not limited to members of the transgender and gender expansive community, individuals with caregivers or personal attendants, people who are menstruating or who experience urinary retention or gastrointestinal disorders, and parents with young children.
We have support from several community organizations and business organizations who see this as a good step to addressing accessibility to restrooms.
To ensure addressing concerns about translation, we propose the use of universal signage to reduce barriers and to include translation as part of communications outreach and signage.
100% Renewable Goal
Not applicable