Rep. Clemons asks State for opinion on whether adding locks to multi-stall bathrooms in City buildings violates building codes

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BY JENNIFER CABRERA

GAINESVILLE, Fla. – In response to reports that the City of Gainesville has added locks to the external doors of multi-stall bathrooms and made them all gender-neutral, Representative Chuck Clemons has asked the Florida Building Commission for a non-binding advisory opinion on whether this practice violates building codes.

The change appears to be a response to CS/HB 1521, passed in 2023, which requires educational institutions, detention facilities, correctional institutions, juvenile correctional facilities, and public buildings with a restroom or changing facility to designate separate facilities based on biological sex or to provide one-person unisex facilities.

The statute requires that the applicable governmental entity “shall, for each public building under its jurisdiction, establish disciplinary procedures for any employee of the governmental entity who willfully enters… a restroom or changing facility designated for the opposite sex at such public building and refuses to depart when asked to do so by any other employee of the governmental entity.”

By adding locks to the external doors of restrooms, Clemons argues, the City has effectively converted them to single-stall restrooms because any person entering the restroom can lock out other users; the petition states that this is “a failed attempt to stymie the implementation of CS/HB1521.”

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The petition argues that by effectively diminishing the number of toilets available at any given time, the practice “is rife with the potential of violating the required minimum numbers” in OSHA regulations and the Florida Building Codes.

The petition also argues that Florida’s “Potty Parity” bill, passed in 1992 in response to long lines for women wanting to use the restroom at UF football games, “leaves no question that we must provide separate facilities for men and women, directing the Florida Building Commission to incorporate into the Building Code the ratio of public restroom facilities a public building MUST provide for men and women.”

The Florida Building Codes also establish the minimum number of toilet facilities that a public building must provide in relation to the population it serves, so, the petition states, making all restrooms unisex would “also risk violating the number of facilities we are required to make available to our customers and employees by making the restrooms single-use.”

A visitor to City Hall told Alachua Chronicle that restrooms are no longer designated for men or women and have sliding bolts on the external doors. Due to the gender-neutral designation on the restrooms, a restroom user who forgets to slide the bolt may be surprised when someone of the opposite sex enters the restroom.

Alachua Chronicle asked the City of Gainesville which restrooms have the locks described in the petition, and City Spokeswoman Rossana Passaniti replied, “There are only two restrooms in City Hall with locks – added after renovations were completed in January 2022, prior to the passage of the legislation.”

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