Bill Mandates All Single-User Restrooms be Identified as All-Gender

A bill was signed into law last week that requires cities to notify business license applicants that all single-user restrooms in California be identified as all-gender. The law will take effect on January 1, 2024.

Under the Bill AB 783:

“This bill would require a city, county, or city and county that issues business licenses, equivalent instruments, or permits within its jurisdiction to provide written notice to each applicant for a new or renewed business license, equivalent instrument, or permit of the requirement that all single-user toilet facilities in any business establishment, place of public accommodation, or government agency be identified as all-gender toilet facilities. By increasing the duties of local officials, this bill would impose a state-mandated local program.”

The bill passed the Assembly in a 67-10 vote on September 7 while it passed the Senate in a 31-7 vote on September 5.  It was signed by Governor Gavin Newsom on September 23.

Back in 2016, Ting introduced AB 1732, which required single-occupancy restrooms in California businesses, government buildings, and public spaces to be identified as “all gender.” It was signed later that year into law.

According to Ting, although that bill authorizes an inspector, a building official, or another local official responsible for code enforcement to inspect businesses for compliance, it did not include an enforcement mechanism. The author and sponsor of this bill argue that there is anecdotal evidence that some businesses are not complying with the AB 1732 law. This bill seeks to improve compliance by ensuring that businesses are aware of the existing requirements, which the author believes “would help reduce inequities experienced by the LGBTQ+ community, women, and people living with disabilities by ensuring equal access to restrooms.

According to Ting:

“Restrooms are a necessity of life, and access to them influences our ability to participate in public life. Restricting access to single-occupancy restrooms by gender creates problems of safety, fairness, and convenience. This issue disproportionately impacts members of the LGBTQ+ community, women, and parents and caretakers of dependents of the opposite gender. My bill, AB 1732, passed in 2016 and required all single-occupancy restrooms in businesses, government buildings, and places of public accommodation be available to everyone. Now, we must enforce existing law to ensure equal access to this solitary room. All-gender single-occupancy restroom facilities benefit everyone. [This bill] is an important follow-up to that landmark legislation that ensures businesses are complying with the law by requiring cities to issue written notice to business license applicants that all single-occupancy restrooms be designated as ‘all-gender.'”

Other Bills Newsom Signed Last Week where he says support LGBTQ+ Californians

• AB 5 by Assemblymember Rick Chavez Zbur (D-Los Angeles) – The Safe and Supportive Schools Act.
• AB 223 by Assemblymember Christopher Ward (D-San Diego) – Change of gender and sex identifier.
• AB 760 by Assemblymember Lori Wilson (D-Fairfield) – Public postsecondary education: affirmed name and gender identification.
• AB 783 by Assemblymember Philip Ting (D-San Francisco) – Business licenses: single-user restrooms.
• AB 994 by Assemblymember Corey Jackson (D-Moreno Valley) – Law enforcement: social media.
• SB 372 by Senator Caroline Menjivar (D-San Fernando Valley/Burbank) – Department of Consumer Affairs: licensee and registrant records: name and gender changes.
• SB 407 by Senator Scott Wiener (D-San Francisco) – Foster care: resource families.
• SB 760 by Senator Josh Newman (D-Fullerton) – School facilities: all-gender restrooms.
• SB 857 by Senator John Laird (D-Santa Cruz) – Advisory task force: LGBTQ+ pupil needs.

The measures include AB 5 by Assemblymember Rick Chavez Zbur (D-Los Angeles), which sets implementation timelines for required LGBTQ+ cultural competency training by public school teachers and staff. The Governor also signed SB 857 by Senator John Laird (D-Santa Cruz), which will establish an advisory task force to identify LGBTQ+ pupil needs statewide and assist in implementing supportive initiatives, and AB 223 by Assemblymember Christopher Ward (D-San Diego), which requires any petition for a change of gender and sex identifier by a minor to be kept confidential by the court.

“California is proud to have some of the most robust laws in the nation when it comes to protecting and supporting our LGBTQ+ community, and we’re committed to the ongoing work to create safer, more inclusive spaces for all Californians,” said Governor Newsom. “These measures will help protect vulnerable youth, promote acceptance, and create more supportive environments in our schools and communities. I thank Senator Eggman and the LGBTQ Caucus for their dedicated leadership and partnership in advancing our state’s values of equality, freedom and acceptance.”

Sept. 23 – Newsom Vetoes Gender Affirming Bill in Child Custody Cases