(a)
The
creation of all-gender toilet facilities through this Chapter will
not affect anyone's right to use facilities consistent with their
gender identity. While some transgender or gender nonconforming people
may choose to use allgender facilities, no one can be required to
use an all-gender toilet facility because of their identity or appearance.
(b)
Transgender
and gender-nonconforming people frequently experience harassment in
toilet facilities. Required use of gender-specific toilet facilities
can create unnecessary risk that leads to transgender and gender-nonconforming
people being denied access, being verbally harassed, or physically
assaulted in these facilities. These experiences, in turn, impact
one's education, employment, health, and participation in public life.
This is especially true for transgender women of color, who experience
the highest rates of discrimination. To address this ongoing discrimination
and harassment, it is essential to provide more all-gender toilet
facilities.
(c)
All-gender
toilet facilities also benefit the entire community. They provide
universal access for families with small children, people with disabilities
who rely upon personal care assistance from an attendant or family
member, and seniors who require assistance or supervision.
(d)
In
order to be inclusive of all gender identities, this Article uses
the term "all-gender" toilet facilities rather than "unisex" or "gender-neutral"
toilet facilities.
(Ord. 1895 § 1, 2016)
(a)
No
later than October 1, 2016, all single-occupancy restrooms in businesses
and places of public accommodation in operation on the effective date
of this Article shall be all-gender, meaning that access shall not
be restricted to persons of a specific sex or gender identity, and
any existing gender-specific room identification signage on each such
single-occupancy restroom shall be removed and replaced with signage
for all genders that complies with either Title 24 of the California
Code of Regulations or the Federal Americans with Disabilities Act.
(b)
Any
business or place of public accommodation that commences operation
after the effective date of this Article shall provide the required
room identification signage and make each single-user toilet facility
available for use by persons of any sex or gender identity immediately
upon opening to the public.
(c)
Nothing
in this Article shall be construed as requiring or authorizing (1)
a reduction in the number of toilet facilities that are required by
Title 24 of the California Code of Regulations or (2) a reduction
in the number of toilet facilities accessible to persons with disabilities
that are otherwise required under either Title 24 of the California
Code of Regulations or the Federal Americans with Disabilities Act.
(Ord. 1895 § 1, 2016)
