Malcolm Rivera
Colorado has several laws that govern the building and use of bathrooms, including Senate Bill 200, which allows any person of any gender, gender identification, or sexuality access to any public or private bathroom. This bill applies to bathrooms in schools but does not extend to religious institutions, which are permitted to maintain gender-segregated facilities. Colorado's Fair Housing Act outlines requirements for accessible bathrooms, such as reinforced doors and grab bars, to comply with the Americans with Disabilities Act (ADA). The state is also working to provide amenities for all genders in public buildings, with a focus on non-gendered restrooms in newly constructed and renovated government-owned buildings.
| Characteristics | Values |
|---|---|
| Gender-segregated facilities | In gender-segregated facilities, covered entities must make reasonable accommodations to allow access consistent with an individual's gender identity. |
| Gender-neutral facilities | Senate Bill 200 allows any person of any gender, gender identification, or sexuality access to any public or private bathroom. |
| Religious institutions | Bathrooms in religious institutions are allowed to discriminate according to gender. |
| Single-stall restrooms | Single-stall restrooms are not segregated by gender. |
| Multi-stall restrooms | Multi-stall restrooms may be non-gender specific if certain facility features are met under the International Plumbing Code and the Colorado Fuel Gas Code. |
| Accessibility | All bathrooms with inward-swinging doors must have a space of four feet by 30 inches behind the door to allow a person in a wheelchair to close the door with ease. Grab bars in public bathroom stalls must be at least 42 inches long and located 12 inches from the rear wall. |
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What You'll Learn
Non-discrimination laws
In Colorado, public bathrooms are required to comply with non-discrimination laws to ensure public equality. Senate Bill 200 allows any person of any gender, gender identification, or sexuality access to any public or private bathroom. This bill was passed in 2008 to expand anti-discrimination protections for people using public restrooms, regardless of sexual orientation or gender identity. All businesses or places subject to discriminatory laws must follow this act, and failure to comply can result in a fine of $50 to $500, paid to the victim of discrimination.
The Colorado Civil Rights Commission (CCRC) has issued guidelines stating that individuals must be allowed to use gender-segregated facilities that align with their gender identity. This includes restrooms, locker rooms, dressing rooms, and dormitories. The CCRC is a bipartisan advisory board part of the Colorado Civil Rights Division (CCRD) of the Colorado Department of Regulatory Agencies (DORA).
Additionally, Colorado has passed legislation to add non-gendered bathrooms and baby changing stations to public buildings. House Bill 1057 requires newly constructed public buildings owned or operated by the government to provide non-gendered bathrooms on each floor where gendered bathrooms are available, starting in 2024. This bill also includes a one-time $450,000 appropriation to help state departments implement the new requirements.
The Colorado Anti-Discrimination Act (CADA) protects all employees working in the state from discrimination based on characteristics such as personal appearance, political affiliation, lack of education, and training. Fair housing laws are also in place to ensure everyone has equal access to housing, and these laws apply to housing providers, real estate brokers, mortgage lenders, and homeowner associations.
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Accessibility requirements
Colorado has several accessibility requirements in place to ensure that bathrooms are safe and accessible for all individuals, including those with disabilities. These requirements are outlined by the Americans with Disabilities Act (ADA) and the Fair Housing Act.
The Colorado Building Code, Chapter 11, outlines specific accessibility criteria for buildings and facilities. While accessibility is a fundamental philosophy of the code, there are certain exemptions outlined in Sections 1104 through 1112. For example, detached one- and two-family dwellings are not required to comply with the accessibility provisions of Chapter 11.
In terms of specific requirements, all bathrooms with inward-swinging doors must have a clear space of four feet by 30 inches behind the door to allow a person in a wheelchair to close the door easily. Public bathroom stalls must have grab bars that are at least 42 inches long and located 12 inches from the rear wall for the safety of individuals with disabilities.
Additionally, Senate Bill 200 ensures that any person, regardless of gender, gender identification, or sexuality, has access to any public or private bathroom. This bill aims to prevent discrimination against transgender or homosexual individuals. Religious institutions are, however, exempt from this bill and can still discriminate according to gender.
Colorado is also committed to providing equitable access to its digital services. It aims to comply with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA criteria. These guidelines help make technology accessible to users with sensory, cognitive, and mobility disabilities, ultimately benefiting all users.
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Gender-neutral facilities
In the state of Colorado, there is currently no specific legal definition of what constitutes a "full bathroom". However, when it comes to gender-neutral facilities, there are some considerations and guidelines to ensure accessibility, privacy, and equality for all individuals.
The State of Colorado has shown a commitment to inclusivity by encouraging the adoption of gender-neutral bathrooms in state buildings. In 2022, the Colorado State Capitol unveiled gender-neutral bathrooms as part of a broader effort to make the Capitol more inclusive. This move aligns with a broader trend across the country, where public spaces, educational institutions, and businesses are increasingly adopting gender-neutral facilities to accommodate diverse gender identities and expressions.
Gender-neutral bathrooms are designed to be inclusive and accessible to all individuals, regardless of gender identity or expression. These facilities typically feature individual stalls with floor-to-ceiling partitions and locking doors to ensure privacy. Each stall should also have its own sink, mirror, and hand-drying facilities to create a fully self-contained space. This design not only enhances privacy but also alleviates potential congestion by allowing multiple people to utilize the facilities simultaneously.
In addition to privacy, safety is also a key consideration in the design of gender-neutral facilities. Well-lit spaces, with clear signage and easy accessibility, are essential features. The location of these bathrooms should be carefully considered, ensuring they are in well-trafficked areas to enhance security. Proper maintenance and regular cleaning are also vital to maintaining a safe and hygienic environment for all users.
To ensure compliance with federal laws, such as the Americans with Disabilities Act (ADA), gender-neutral bathrooms should also be designed with accessibility in mind. This includes features such as wheelchair-accessible stalls, grab bars, lower sinks, and easy-to-operate fixtures. These accommodations ensure that individuals with disabilities have equal access to hygiene facilities and can navigate the space with ease.
By adopting gender-neutral bathroom designs, Colorado is taking steps towards creating a more inclusive and welcoming environment for all its residents and visitors. These facilities respect the privacy and safety of all individuals and accommodate the diverse needs of the community. As societal attitudes continue to evolve, gender-neutral bathrooms will likely become even more prevalent, fostering a more equitable future for all.
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Grab bars in public stalls
In Colorado, public bathroom stalls are required to have grab bars to ensure the safety of those with disabilities. These grab bars must be at least 42 inches long and located 12 inches from the rear wall. The specific requirements for grab bars in Colorado are outlined in the state's building codes and the Americans with Disabilities Act (ADA).
The ADA focuses on accessibility in public spaces and recently constructed multi-family dwellings. While it doesn't mandate the installation of grab bars in existing rental units, it does require accessibility features in restrooms open to the public, and grab bars are typically a part of those requirements. The ADA also sets standards for the length and placement of grab bars, such as the minimum length of 42 inches for sidewall grab bars and their location 12 inches from the rear wall.
In Colorado, the Fair Housing Act also plays a role in ensuring accessibility in bathrooms. It requires that all bathrooms on the first floor of a residential building with stairs and all floors of a residential building with an elevator are reinforced and accessible. This includes having sufficient space behind inward-swinging doors for a person in a wheelchair to enter and close the door easily.
While local building codes may vary, they often require the installation of grab bars in certain areas, especially in public or common areas of multi-unit buildings. Compliance with these codes is typically mandatory for landlords. Additionally, landlords may be required to make reasonable accommodations for tenants with disabilities, such as installing grab bars upon request, as long as it does not pose any safety risks.
Overall, the presence of grab bars in public bathroom stalls is an important aspect of ensuring accessibility and safety for individuals with disabilities in Colorado. The combination of state building codes, the ADA, and the Fair Housing Act work together to outline the specific requirements and guidelines for the installation and use of grab bars in public spaces.
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Religious institutions
In Colorado, Senate Bill 200 allows any person of any gender, gender identification, or sexuality access to public or private bathrooms. This bill applies to bathrooms and locker rooms in schools, with fines for non-compliance. However, an exception is made for bathrooms in religious institutions, which are exempt from providing non-discriminatory access according to gender.
While Colorado is pushing for inclusive bathroom access, religious institutions are not currently subject to the same requirements as other public or private spaces. This exception suggests that the state recognises the autonomy of religious institutions to establish their own rules regarding bathroom usage, particularly when it comes to gender segregation.
Colorado's Fair Housing Act includes some requirements that are relevant to bathroom facilities in religious institutions. The Act mandates that all bathrooms on the first floor of a residential building with stairs and all floors of a residential building with an elevator must be reinforced and accessible. This law ensures that individuals with mobility issues or disabilities have safe and convenient access to bathroom facilities in residential buildings, including those owned or operated by religious groups.
It's worth noting that the landscape of bathroom laws in Colorado is evolving. Recent bills have focused on providing non-gendered bathrooms and baby changing stations in newly constructed public buildings owned or operated by the government. While these laws do not directly apply to religious institutions, they reflect a broader shift towards inclusivity and accessibility in the state's bathroom facilities.
In summary, while Colorado generally promotes inclusive bathroom access, religious institutions are currently exempt from some of the non-discrimination requirements. This exception allows these institutions to maintain gender-segregated bathrooms if they choose to. However, they must still comply with accessibility standards outlined in the Fair Housing Act for residential buildings to ensure that individuals with disabilities can safely use the bathroom facilities.
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Frequently asked questions
Colorado's Senate Bill 200 allows any person of any gender, gender identification, or sexuality to access any public or private bathroom. This bill applies to bathrooms and locker rooms in schools. However, bathrooms in religious institutions are still allowed to discriminate according to gender.
Colorado's Fair Housing Act mandates that all bathrooms on the first floor of a residential building with stairs and all floors of a residential building with an elevator must be reinforced and accessible. For example, all bathrooms with inward-swinging doors must have a 4-foot by 30-inch space behind the door to allow a person in a wheelchair to close it easily. Additionally, grab bars in public bathroom stalls must be at least 42 inches long and be located 12 inches from the rear wall.
Yes, effective January 1, 2024, each newly constructed building and each building with qualifying restroom renovations that are owned by a public entity must provide at least one safe, sanitary, and convenient baby diaper changing station accessible to the public on each floor with a public restroom.
Yes, bars, restaurants, stores, schools, and other businesses are legally allowed to prohibit individuals from using the opposite-gender restroom and can ask them to leave if they don't comply. However, single-stall restrooms in Denver are not segregated by gender.
