Policy Brief: Gender Neutral Restrooms in all New Public Buildings in Seattle
Summary: Transgender* people face significant barriers to equal bathroom access in
public buildings. Many buildings in Seattle have restrooms that were built for those
whose gender aligns with society’s rigid gender binary. But for those who are
transgender, the natural urge to relieve one’s self often turns into fear of ridicule as they
face the burden of being confronted. One of the most common places in which
transgender people face discrimination are in gender segregated facilities.1 This policy
brief focuses on efforts to create safer and accessible bathroom options in public facilities
in Seattle.
Policy Recommendations
*Definitions
gender identity psychological
identification as male or
female
*New city buildings or buildings that are undergoing construction should be legally
required to include gender neutral restrooms* next to each gender segregated restroom.
*City buildings that are not undergoing construction should legally provide unrestricted
restroom access and allow individuals to use the restroom that is consistent with the
persons gender identity*.
gender neutral
restroom – restroom
that is typically a singlestall, lockable restroom
available to people of all
genders and sexes
*Amendment of Washington State Law – RCW 49.60.030 to include unambiguous
language that explicitly gives transgender people legal protection against discrimination in
public restrooms. This protection includes the right to use the restroom that is consistent
with the person’s gender identity.
gender variant – gender
non-conforming
*Existing single occupancy male or female restrooms should be reassigned as a unisex* or
gender-neutral facility.
LGBT – Lesbian, Gay,
Bisexual, Transgender
MTF - male to female
transgender person.
sexual orientation – a
person’s sexual identity
in relation to the gender
to which they are
attracted; the fact of
being heterosexual,
homosexual, or bisexual.
transgender – a person
whose self-identity does
not conform
unambiguously to
conventional notions of
male or female gender
unisex – designed to be
suitable for both sexes;
gender-neutral.
Why does Seattle need Gender-Neutral Restrooms?
*To support transgender inclusion and help improve the lives of transgender people in
the areas that are affected by gender segregated restrooms. These areas include
education, employment, health, and public life.2
*
Over half of the transgender respondents in a 2011 national survey conducted by Lesbian
Task Force and the National Center for Trans Equality reported experiencing harassment
in public accommodations (bathrooms, restaurants, hotels, etc) and 10% reported being
physically attacked.3
*
A study conducted by the Williams Institute found that 70% of transgender survey
respondents faced discrimination when trying to use a gender segregated restrooms. The
journal concluded that cities should adopt laws that give transgender people legal
protection in restrooms as well as creating unisex restrooms4
*
A large percent of the transgender population reports suffering from physical problems
related to the avoidance of using the public restrooms according to a survey conducted
by the Williams Institute. Physical problems include dehydration, kidney infections, and
urinary tract infections.4 Experiences of discrimination occur in schools, places of
employment, or in any public facility outside of the home.
*Another alarming study conducted by the Williams Institute determined that 41% of
transgender people have attempted suicide due to the issues and barriers they face.5
How have schools, cities, states, and the Federal
Government responded to this issue?
 The City of Philadelphia passed legislation in 2013
that requires new or renovated city-owned buildings
to include gender-neutral restrooms in addition to
the gender segregated restrooms.6
Chrissy Lee Polis, an MTF*
transgender, being brutally
beaten for using a women’s
restroom in 2011.11
 California State has pending legislation that was
enacted to give transgender students more
empowerment to decide which restrooms they can
use.7
 The Transgender Law and Policy Institute states that
more than 150 college campuses have gender
neutral restrooms in response to student complaints.8
v
 Washington State Law against Discrimination
(WLAD) RCW 49.60 specifically states that
transgender people are legally allowed to use public
restrooms. It still however remains unclear whether
this law protects them from using restrooms
consistent with gender identity.9 This law also
doesn’t provide protection from being attacked in a
gender segregated restroom.
 The Freedom of Discrimination Act - RCW
49.60.030 currently states that individuals should not
be discriminated against based on sexual orientation
and that they have the right to the full enjoyment of
any of the accommodations, advantages, facilities, or
privileges of any place of public resort,
accommodation, assemblage, or amusement.10The
law is also ambiguous as it doesn’t explicitly state
that transgender people can use the restroom
consistent with gender identity. There are still harsh
realities of violence faced by transgender people in
gender segregated public restrooms.
Conclusion:
The public restroom can be a dangerous place for
transgender and gender variant* people. The
consequences of restroom discrimination carry
over into their lives and affect their education,
health, employment, and public life. Until Seattle
can meet the challenge to address this issue,
many people in this population will continue to
live in fear and avoidance. Policies modeled
from cities like Philadelphia can be used to
increase transgender inclusion and help create a
safer and LGBT friendlier community.
Please contact Cicely Wood
for more information.
woodc20@students.wwu.edu
References
Center for American Progress. (2013). California’s New Protection’s for Transgender Students. Retrieved February 25, 2014 from
http://www.americanprogress.org/issues/lgbt/news/2013/08/23/72800/californias-new-protections-for-transgender-students/
2
The Williams Institute. (2013). Gendered Restrooms and Minority Stress: The Public Regulation of Gender and its Impact on Transgender People’s Lives . Retrieved on February 25, 2014
from http://williamsinstitute.law.ucla.edu/wp-content/uploads/Herman-Gendered-Restrooms-and-Minority-Stress-June-2013.pdf
3
Basic Rights Oregon. (2013). Trans and gender non-conforming people, bathrooms, and attacks on our community. Retrieved February 25, 2014, from http://www.basicrights.org/news/transjustice-news/trans-and-gender-non-conforming-people-bathrooms-and-attacks-on-our-community/
4
The Williams Institute. (2013). Transgender People Are Harassed and Assaulted in Public Bathrooms, Survey Says. Retrieved on February 25 th, 2014 from
http://williamsinstitute.law.ucla.edu/press/transgender-people-are-harassed-and-assaulted-in-public-bathrooms-survey-says/
5
The Williams Institute. (2014). Suicide Attempts among Transgender and Gender Non-Conforming Adults. Retrieved on February 25, 2014 from http://williamsinstitute.law.ucla.edu/wpcontent/uploads/AFSP-Williams-Suicide-Report-Final.pdf
6
Gender-Neutral Restrooms Become the Law. (2013, November 5). NBC 10 Philadelphia. Retrieved February 20, 2014, from http://www.nbcphiladelphia.com/news/local/LGBT-GenderNeutral-Restrooms-206932591.html
7
Wetzstein, C. (2013, January 8). California transgender ‘bathroom law’ one step closer to ballot. Washingotn Times. Retrieved February 20, 2014, from
http://www.washingtontimes.com/news/2014/jan/8/california-transgender-bathroom-law-one-step-close/
8
Transgender Law and Policy Institute. (n.d.). Ways that U.S. Colleges and Universities Meet the Day-to-Day Needs of Transgender Students. Retrieved February 19, 2014, from
http://www.transgenderlaw.org/college/guidelines.htm
9
American Civil Liberties Union of Washington Foundation. (2014). The Rights of Transgender People in Washington State. Retrieved on January 28, 2014, from
https://www.aclucard.com/sites/default/files/attachments/Transgender%20Guide%202014.pdf
10
Washington State Legislature. (2014). RCW 49.60.030: Freedom from discrimination — Declaration of civil rights. Retrieved on January 20, 2014, from
http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60.030
11
Sheridan, M. (2011, April 24). Chrissy Lee Polis, transgender woman attacked at Baltimore McDonald's, calls assault a 'hate crime'. NY Daily News. Retrieved February 27, 2014, from
http://www.nydailynews.com/news/national/chrissy-lee-polis-transgender-woman-attacked-baltimore-mcdonald-calls-assault-hate-crime-article-1.110364
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