HomeMy WebLinkAbout1895 ORDINANCE NO. 1895
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING ARTICLE IX TO CHAPTER 8.04 OF
THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
ALL-GENDER RESTROOMS IN BUSINESSES AND PUBLIC
ACCOMMODATIONS.
City Attorney's Summary
This Ordinance requires that access to all single-occupancy restrooms in
businesses and places of public accommodation shall not be restricted to
persons of a specific sex or gender identity
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Article IX is added to Chapter 8.04 of the Palm Springs Municipal
Code to read:
ARTICLE IX. ALL-GENDER RESTROOMS
8.04.900 Findings.
(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 all-gender 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.
Ordinance No. 1895
Page 2
8.04.901. Requirement.
(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.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY T LM SPRINGS CITY COUNCIL
THIS 131h DAY OF JULY, 2016.
ROBERT MOON, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK
Ordinance No. 1895
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1895 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 6t day of July, 2016, and adopted at a
regular meeting of the City Council held on the 13th day of July, 2016, by the following
vote:
AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tern Mills, and
Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, California,-7/ZI/Z*11,