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WEST HOLLYWOOD, Calif. » This city was one of the first in the nation to pass a same-sex marriage law. It was one of the first communities viewed as a haven for gay people: When the city was incorporated in 1984, a majority of the City Council members were openly gay, helping earn West Hollywood the nickname the "Gay Camelot." Even today, it has rainbow-colored crosswalks.
Now, West Hollywood has joined the vanguard of places that are taking steps to make transgender people feel more welcome. Last week, an ordinance took effect that abolished the traditional designation of "men" or "women" on single-stall public restrooms, a bow to the requests of the sizable community of transgender people, who do not believe they fall into either category.
Restaurants and other places with public restrooms will not have to make any changes if the bathrooms have multiple stalls, but all single-stall public restrooms have to be labeled "gender neutral"; businesses have 60 days to comply, but can do so by simply placing a gender-neutral sign on any single-stall restroom.
"Gender-specific restrooms can be unwelcoming and potentially unsafe for many people whose gender identity falls outside of traditional gender norms," according to a news release issued by the government of West Hollywood, a city widely known as WeHo. "Shifting from gender-specific single-stall restrooms to gender-neutral ones is a simple and low-cost way to help ensure that facilities in the city of West Hollywood are welcoming and open to all people, regardless of the way one presents or identifies their gender identity."
In this case, the city was not entirely a groundbreaker: Washington, D.C., passed similar legislation in 2006, and in the past two years several other communities – including Philadelphia; Austin, Texas; and Multnomah County, Oregon, where Portland is – have passed laws requiring gender-neutral bathrooms.
This sweep of legislation reflects the growing prominence and visibility of transgender people. Amazon Studios’ streaming show "Transparent" has received widespread critical acclaim, and the lead actor, Jeffrey Tambor, won a Golden Globe last Sunday for his performance as a man who identifies as a woman.
When it came to the restroom designations, "It felt like, oh my goodness, this is something that is important to do, to be inclusive and to also be a leader," said Abbe Land, the city councilor in West Hollywood who led the effort. "We hope the rest of the country will adopt similar ordinances."
Before passing the ordinance, city leaders consulted with business leaders who expressed concern about the costs the requirement could place on restaurants. This level of cooperation stands in contrast to the City Council’s 2011 decision to ban sales of fur clothing, which angered many local retailers.
"The chamber’s concern was that it would not be onerous on businesses in terms of costly remodels," said Keith Kaplan, a vice chairman of the West Hollywood Chamber of Commerce. "We worked with the city to develop plans that provide safe and comfortable facilities for the transgender community," he added.
The City Council unanimously approved the law amid debate over how to balance the city’s historically gay character with changing demographics and mainstream acceptance of gay culture in Los Angeles at large. Last year, this debate manifested itself when John Duran, a council member who is openly gay, pushed to have a rainbow flag removed from atop City Hall, arguing that it might make heterosexual residents feel undervalued. After vociferous protests, the city flag was redesigned to include a rainbow color scheme, in a compromise.
For many businesses in West Hollywood, the restroom ordinance simply reflects facts on the ground.
"With a busy restaurant, it has been common practice for the past 15 years for people to use whichever single-stall restroom is available," said Mark Farrell, manager of Marix, a Tex-Mex restaurant that has been in business for 30 years. "When there’s an empty single stall and 10 guys waiting, well, it’s something that just kind of happened."
Gender-neutral restroom laws vary slightly from one city to another; none of them currently require modifying existing restrooms, beyond signage, though most require all future construction plans, via building codes, to create a certain number of gender-neutral facilities.
"This is a very minor change that creates very significant progress because everybody needs safe and reliable access to the restroom," said Alison Gill, senior legislative counsel for the Human Rights Campaign, a group that focuses on lesbian, gay, bisexual and transgender rights.
Noah Smith, New York Times
