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 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.

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.

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.

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.

Not applicable.