What's happening
This bill requires all single occupancy bathrooms in public places and schools in New York to be designated as gender neutral.
Why it matters
Expands access and privacy. By requiring all single occupancy restrooms to be gender neutral, the bill helps ensure that everyone—including transgender, nonbinary, and gender non-conforming individuals—can access a private restroom without facing discrimination or having to choose a gendered facility.
Reduces stigma and barriers. Mandating clear signage and uniform designation removes ambiguity and stigma around bathroom use, which can especially benefit students, families with young children, and people who need assistance.
Standardizes policies across public spaces and schools. The bill covers a broad range of locations, including restaurants, bars, state buildings, K-12 schools, and higher education institutions, meaning the policy would be consistent and easy to understand in all public spaces statewide.
Promotes legal clarity and compliance. By amending both civil rights and education law, the bill creates a legal obligation for compliance, which can protect institutions from lawsuits and clarify expectations for building managers and school administrators.
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Who cares
Headline styles
Make Bathrooms Gender Neutral
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Gender-Neutral Bathrooms
Signed by Governor · Sponsor Daniel O'Donnell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
815
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law and the education law, in relation to single occupancy bathroom facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil rights law is amended by adding a new section 79-o to read as follows:
§ 79-o. Gender neutral single occupancy bathroom facilities. 1. All single occupancy bathroom facilities located in public places, including but not limited to those located in restaurants, bars, mercantile establishments, factories or state-owned or operated buildings, shall be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use. For purposes of this section, "state-owned or operated buildings" shall mean any state-owned property used for official state business and shall include any building or office space, not owned by the state, but which primary use is for official state business.
2. Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near each facility.
§ 2. The education law is amended by adding a new section 409-m to read as follows:
§ 409-m. Gender neutral single occupancy bathroom facilities. The board of education or trustees of every school district or, in the case of the city school district of New York, the chancellor, and every board of cooperative educational services, charter school and nonpublic school within the state shall develop policies and procedures requiring that all single occupancy bathroom facilities are designated as gender neutral for use by no more than one occupant at a time or for family or assisted use. Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near each facility.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03015-01-9
S. 815 2
§ 3. Section 355 of the education law is amended by adding a new subdivision 20 to read as follows:
20. The state university trustees shall adopt rules requiring that each institution of the state university of New York adopt written policies requiring that all public single occupancy bathroom facilities be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use. Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near each facility.
§ 4. Section 6206 of the education law is amended by adding a new subdivision 20 to read as follows:
20. The board of trustees shall adopt rules requiring that each institution of the city university of New York adopt written policies requiring that all public single occupancy bathroom facilities be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use. Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near each facility.
§ 5. Section 6306 of the education law is amended by adding a new subdivision 11 to read as follows:
11. The board of trustees of each community college shall adopt written policies requiring that all public single occupancy bathroom facilities be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use. Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near each facility.
§ 6. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law and the education law, in relation to single occupancy bathroom facilities
Purpose or general idea of bill
This bill would designate all single occupancy bathroom facilities in public places and in all public and private schools as gender neutral.
Summary of specific provisions
Section 1 amends the civil rights law by adding a new section (79-o) to require all single occupancy bathroom facilities in public places, including but not limited to those located in restaurants, bars, mercan- tile establishments, factories or state-owned or operated buildings, to be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use.
Sections 2 adds a new section 409-m to the education law to require the board of education or trustees of every school district, or the chancel- lor for the city school district of New York City, every board of coop- erative educational services, charter school, and schools within the state to develop policies to require all single occupancy bathrooms facilities to be designated as gender neutral. Section 3 adds a new subdivision 20 to section 355 of the education law to require state university trustees to adopt these rules at each institution of the state university. Section 4 adds a new subdivision 20 to section 6206 to require the board of trustees to adopt these rules at each institution of the city university. Section 5 adds a new subdivision 11 to section 6306 to require the board of trustees to adopt these rules at each community college.
Section 6 is the effective date.
Difference between original and amended version (if applicable)
The amended version makes technical amendments to ensure CUNY, SUNY, and community colleges are included in adopting policies to designate all single occupancy bathroom facilities as gender neutral.
Justification
Access to public spaces should not be a privilege. A person's sexual orientation and gender identity are not justifications to exclude indi- viduals from public spaces, including bathrooms. The argument that transgender individuals must use the restroom that corresponds with their assigned gender at birth is discriminatory and wrong. New York State has been a safe haven for people from all backgrounds and beliefs, and we must recognize our role as a leader in the fight for transgender rights. Expanding the civil liberties of transgender individuals is a task New York must take up with pride. We must acknowledge that this issue is not about bathrooms, but is instead about fighting for a person's right to exist in the world free from harassment and discrimi- nation.
The California legislature recently passed the most progressive bill on bathroom access in the nation. Now is an opportunity for New York to join California in its efforts to protect transgender individuals and expand inclusivity and dignity for all. Modeled after California's bill, this act would require all publically accessible bathrooms, including those in public and private schools, restaurants, bars, mercantile establishments, factories or state-owned or operated buildings, to designate all single occupancy bathrooms as gender neutral.
Prior legislative history
2018: S.5993-A - Referred to Codes / A.6500-A - Referred to Governmental Operations 2017: S.5993-A - Referred to Codes / A.6500-A - Referred to Rules
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.