Councilor Dunphy previews ordinance to make single‑stall public restrooms all‑user; broad public support voiced

Councilor Dan Dunphy on Oct. 7 previewed a proposed city ordinance that would require existing single‑stall restrooms in places of public accommodation to be designated “all‑user,” and the committee heard testimony from legal staff and community advocates in favor of the change.

Nut graf: Dunphy described a decade‑long local effort to convert single‑stall, gendered restrooms to all‑user facilities, said the city previously converted hundreds of city‑owned restrooms, and asked the committee for feedback before filing formal legislation. Legal staff advised a model based on Seattle’s ordinance, using city enforcement letters rather than a private right of action; community speakers described minimal cost and significant public‑health and safety benefits.

Background and scope: Councilor Dunphy traced the policy’s history to a 2015 council resolution (Resolution No. 37175, Dec. 17, 2015) that directed conversion of single‑stall restrooms on city property. He said the city converted roughly 650 single‑stall restrooms in 2016 and that the private sector later adopted voluntary conversions during an “All‑User Restroom Challenge,” resulting in more than 1,000 single‑stall restrooms designated all‑user by 2017. State building code changes in 2019 now require new single‑stall restrooms to be gender neutral; the proposed ordinance would address existing private businesses and other places of public accommodation.

Legal approach and enforcement: Anne Milligan, senior deputy city attorney, told the committee drafters modeled the preview after Seattle’s code. She said Seattle relies on enforcement letters sent from its Office of Civil Rights; the Portland draft under discussion would not include a private right of action for individuals to sue and instead would rely on city‑led enforcement letters as an initial compliance tool. Milligan said her office reviewed other jurisdictions and found few incidents of litigation following similar rules.

Public testimony: Community witnesses spoke in favor. Deborah Porter, executive director of Bridal Northwest (testifying online), urged the change on accessibility and safety grounds and described frequent situations in which a gendered single‑stall restroom next to an empty single‑stall restroom causes unnecessary discomfort. Merrily Carr, president of Flush PHLUSH and a retired family physician, cited national survey data about harassment and health harms when transgender and non‑binary people avoid restroom use; Ryan Reiser of Dads Helping Dads described parenting barriers — for example, men encountering diaper‑changing needs when changing stations are only in women’s restrooms — and said converting signage would be low cost and help families and caregivers.

Scope, costs and exemptions: Staff and councilors said the ordinance would apply to single‑stall restrooms in places of public accommodation — generally restaurants, hotels, theaters and similar businesses — and would not apply to multi‑stall restrooms, staff‑only toilets or most churches unless a church regularly opens space to the public. Councilors asked about administrative costs and the need to designate a bureau to mail compliance letters and run outreach; staff proposed a public education campaign and low‑cost signage, noting that a basic restroom sign can be purchased for about $5. Dunphy said he aimed for an implementation timeline that would prioritize outreach and give businesses time to comply rather than immediate punitive enforcement.

Next steps: Dunphy said he is coordinating with colleagues and the city attorney’s office on draft ordinance language and expects to bring a formal ordinance back to the committee for consideration, ideally before the end of the calendar year or early next year. The committee did not take a vote; the item was presented as a policy preview intended to solicit feedback from council colleagues and the public.