New Public Buildings Could have new Restrictions for the Construction of Restrooms
In the last several years, the nation has debated the use of public restrooms by transgender people. Some argue that transgender people should be allowed to use the restroom which correlates with the gender they identify as. Others feel that people should be required to only use the restrooms that are assigned to the gender they were born with.
While public restrooms have become an LGBTQ rights conversation over the last several years, one law proposed in Colorado during this legislative session could make the argument a moot point if passed.
A group of lawmakers has proposed HB23-1057, known as “Amenities For All Genders In Public Buildings.” The proposed law would require that new buildings come equipped with gender-neutral restrooms on every floor.
How the Bill Came About
Across the country, state legislatures are taking up the issue of public restrooms. According to the National Constitution Center, at least a dozen states in the country (like North Carolina) have passed laws removing protections for LGBTQ people and “requiring that the bathrooms a person uses are determined by his or her biological gender at birth.”
LGTBQ advocacy groups and groups like the ACLU have fought these laws saying that they are discriminatory. Conservative groups in favor of these laws have argued that this type of legislation protects an individual’s privacy rights.
State legislators that have sponsored this recent bill in Colorado have also used other examples of why buildings should have restrooms open to people of all genders. Lawmakers have cited that non-gendered restrooms are also essential for parents with kids, disabled people and their caretakers, and transgender people.
What the Bill would do if Passed
If HB23-1057 passes, certain public buildings would be required to have non-gendered restroom facilities on every floor. Effective starting Jan. 1, 2024, all newly constructed public buildings and buildings that are slated to have restroom renovations that cost $10,000 or more will be mandated to have non-gendered restroom options.
This means that new buildings or ones that get renovated must either have non-gendered restrooms on each floor where there are public rooms. Or, buildings could also choose to have all single stalled, non-gender restrooms in lieu of gendered facilities. The law would apply to any public building that is owned wholly or partly by the state, county, or any local municipality. New and newly renovated buildings would be required to “provide a non-gendered restroom facility or a multi-stall non-gendered facility on each floor where restrooms are available.”
It would also require that all single-stall restroom facilities are not designated for any specific gender. The bill also requires that the buildings provide at least one baby diaper changing station that is accessible to the public in each gender-specific restroom, a non-gendered multi-stall restroom, and a non-gendered single-stall restroom.
The bill also would require signage indicating that baby diaper change stations exist with a pictogram that does not include gender. If passed, the new law would also require buildings that have a directory to list the location of baby changing stations and non-gendered restrooms.
Pros of Passing HB23-1057
According to Democrat State Representative Karen McCormick, the passing of the bill would help solve several issues. “The bill came forward in response to many parents asking for more widespread access to baby changing tables in restrooms,” Representative McCormick explained in an e-mail. “It came forward in response to our fellow humans that see a gendered restroom and know that the label on the door indicates that the restroom is not for them. It also came forward in response to the disability community and the barriers they face when they need to access a restroom with their caregiver of a different gender to go with them into the restroom.”
When asked why this bill was proposed now, McCormick stressed the importance of setting construction guidelines for the future. “This will create guidelines for all future construction as well as for significant, extensive renovations,” McCormick said. “We are 23 years into the 21st Century. This will make sure that building plans will be planned to open up access to restrooms for babies, parents, gender non-conforming folks, and the disability community. Much of the world is recognizing that restroom plans are being done this way following the International Building Code and the International Plumbing code.”
Cons of the Bill Passing
To date, nobody has officially spoken up against the bill as the passage of it would not reduce the privacy rights of anyone. However, the bill could put a financial strain on governments when planning to construct a new building or renovate existing ones.
Adding more bathrooms could make a project more expensive and with rising construction costs, it could affect a government’s budget when choosing to build or renovate buildings. The added costs to build these buildings would then be carried over to the taxpayers.
If legislation like this proposed bill continues to increase the costs of building or renovating public facilities, many local governments may choose to not add buildings or complete renovations. Nobody wants to see a much-needed project in a community get shot down due to costs imposed by more government regulations.
The bill was first introduced in January when it was assigned to the House Committee on State, Civic, Military, & Veterans Affairs. While in the committee there were some amendments made before it passed through the committee on Feb. 13.
The next step for the bill will be for it to go to the state House of Representatives for a vote, but it is unclear when it will hit the House floor to be decided.
