City to consider repealing rules for gender-specific toilets
The Walnut Creek City Council on Tuesday will consider repealing part of a city ordinance restricting use of toilets in city parks and open spaces based on a person's gender.
The city's municipal code currently prohibits people from using or entering a toilet facility specifically designated for use by members of the opposite sex, in city parks and open spaces.
According to a report for tonight's meeting, staff is recommending the council allow staff to “coordinate how the city identifies and assigns restrooms for access at an administrative level to maintain consistency with current state law.”
The report says “The Unruh Civil Rights Act prohibits arbitrary discrimination in California business establishments on the basis of specified classifications. The act mandates that all persons, no matter their race, sex, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language or immigration status, are `entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.'”
The report says the law specifically includes a person's “gender identity” and “gender-expression” in its definition of “sex” for purposes of the act's anti-discrimination protections.
The report also says Assembly Bill 1732, passed in 2016, added the requirement that single-occupancy restrooms in California businesses, government buildings, and places of public accommodation be universally accessible.
The law requires all single-user toilet facilities in any business establishment, place of public accommodation or state or local government agency to be identified as all-gender toilets and designated only for single use or for family or assisted use.
The Walnut Creek Municipal Code currently prohibits any person, other than a child accompanied by a parent or guardian, from using or entering any toilet facility specifically designated for use by members of the opposite sex.
The staff report says city employees already don't enforce the current toilet use restrictions in parks and open space restroom facilities and recommend updating the municipal code to maintain consistency with current state law.
The City Council meets at 6 p.m. today at the council chamber at city hall, 1666 N. Main St., Walnut Creek. The meeting can be seen at www.zoom.us (webinar ID 891 0338 6345/ passcode 102509).