Hoboken City Bathrooms Now Gender-Neutral; Bars, Eateries Next?

HOBOKEN, NJ — Hoboken Mayor Ravi Bhalla’s executive order to make all city-run, single-occupancy bathrooms “gender-neutral” will only apply to two actual toilets in the Mile Square City… for now. But a proposed law may soon expand the policy to cover all single-person bathrooms in Hoboken, even those in bars and restaurants.

On Wednesday, Bhalla introduced an executive order that immediately “makes all city-owned single occupancy restrooms gender neutral.” Signs on all affected restrooms will be replaced to reflect this change by May 31, prior to the start of LGBT Pride Month, officials said.

The order will likely only affect two bathrooms in City Hall, as most of Hoboken’s municipally run public restrooms are multi-occupancy, according to a spokesperson for the mayor.

The spokesperson told Patch that an image of the soon-to-be-installed signs was not immediately available.

Bhalla touted the order as a victory for civil rights. (See the full text below)

“Former Mayor Zimmer took a step in the right direction last year when she announced that people could use the public restrooms that most closely matched their gender identity,” Bhalla said. “This next step is meant to further protect the civil rights and dignity of our transgender, gender non-binary, and queer residents and visitors.”

• See related article: Hoboken City Bathrooms Will Soon Be 'Gender-Neutral,’ Mayor Says

EXPANDING THE POLICY TO BARS, RESTAURANTS

However, on Wednesday, Bhalla also took the chance to announce that a city ordinance has been proposed that would widen the policy to affect all single-occupancy restrooms in the city, even those in businesses, bars, restaurants and other places of public accommodation.

If passed by the City Council on May 2, the ordinance would give existing businesses and other affected entities 60 days to replace any “gender-specific” signs with “gender-neutral” versions. New businesses and establishments would have to comply with the policy immediately after opening to the public.

Hoboken would be the first city in the state of New Jersey - and one of few cities nationally - to pass such a law, Bhalla said.

“This is a chance for Hoboken to lead the state and the country in affirming the civil rights and dignity of the LGBTQ+ community,” Bhalla opined. “Frankly, this is a no-brainer, and I hope the council will do the right thing and pass this ordinance unanimously.”

• See related article: Transgender Pastor Inspires Hoboken Church

The mayor’s actions and the proposed law gained enthusiastic support from Hudson Pride Center CEO Michael Billy.

“Hudson Pride Center is proud to represent and serve a county that is revolutionizing the fight for gender identity and expression,” Billy said. “The actions taken today by Mayor Bhalla strengthen the ongoing resistance to discriminatory policies and practices against LGBTQ people across the country. Now, more than ever, it is important that our cities take inclusive strides in policy that embrace our diversity.”

Xavier Persad, legislative counsel at the Human Rights Campaign, said that all Hoboken residents, workers and visitors deserve access to safe and inclusive public spaces no matter what their gender identity is.

“This new policy and the proposed ordinance reflect best practices being adopted in a growing number of municipalities across the country and send a clear message that Hoboken is open for all,” Persad said. “We thank Mayor Bhalla for his leadership in updating city policies and for his support of the proposed ordinance.”

Christian Fuscarino, executive director of Garden State Equality, also expressed support for Wednesday’s announcements.

“While New Jersey state law is clear that transgender people must have access to sex-segregated facilities matching their gender identity, Hoboken is taking an important, common-sense step forward in making sure that single occupancy restrooms are gender-neutral,” Fuscarino stated.

• See related article: Transgender N.J. Cub Scout Invited Back After Policy Change, Mom Says

HERE’S WHAT SOCIAL MEDIA USERS ARE SAYING…

Not all Hoboken residents and internet pundits were thrilled with the ordinance and proposed law, however.

Comments seen on social media included:

• “This is bad. Whoever thought this is a good idea I would love to speak with for 1 hour. Hoboken Twitter, make it happen.”
• “The city is being strangled by over development, congestion and unsubstantial growth and our mayor is focused in the bathroom habits of local residents. Wow talk about a misplaced priorities.”
• “And was the cost to taxpayers and businesses ever considered with this? What’s next - demanding 2-ply be the minimum ply allowed because some people have sensitive puckers? Government overreach at its finest.”
• “This has got to be the world's dumbest EO ever. Single occupancy is naturally gender neutral as only one person at a time can use it.”
• “Insane.”

But a swell of support for the order and proposed law also counterbalanced the critical comments. Seen online:

• “There should be no complaints. It's single occupancy. Nobody has to share multiple stalls.”
• “This is very sensible legislation. Reading the comments here, I am amazed by all the creepy bathroom hang-ups of the #MAGA crowd. But not surprised.”
• “I’m a Trump supporter however I think this is sensible.”

Don’t forget to visit the Patch Hoboken Facebook page here. Learn more about posting announcements or events to your local Patch site here. Send local news tips and correction requests to eric.kiefer@patch.com

Photo: City of Hoboken

CITY OF HOBOKEN OFFICE OF THE MAYOR - EXECUTIVE ORDER

EXECUTIVE ORDER DECLARING ALL CITY-OWNED SINGLE OCCUPANCY RESTROOMS GENDER NEUTRAL.

CITY OF HOBOKEN No.: 2

EXECUTIVE ORDER Date: April 25, 2018

WHEREAS, it is the policy of the City of Hoboken to ensure that transgender and gender non-binary people of the City live with dignity, free from violence and discrimination, and be treated with equity; and,

WHEREAS, the City of Hoboken prohibits discrimination on the basis of gender identity or expression; and,

WHEREAS, it is the policy of the City of Hoboken that transgender and gender non-binary people be assured of their right to access single-sex facilities controlled by the City so that equal treatment in the terms and conditions of City employment and the ability to access City services; and,

WHEREAS, the New Jersey Law Against Discrimination is hereby incorporated by reference, including the right of individuals to have equal access to sex-segregated facilities in public accommodations in accordance with their gender identity.

NOW, THEREFORE, I, Ravinder S. Bhalla, Mayor of the City of Hoboken, New Jersey by virtue of the authority vested in my by the Statutes of this State and the laws of the City of Hoboken, do hereby, ORDER, DIRECT AND ISSUE THE FOLLOWING EXECUTIVE ORDER:

Section 1. Single-Occupancy Facility Policy.

All employees of the City of Hoboken and all members of the public using City services must be allowed to use all single-occupancy facilities within facilities owned or operated by the City, and all such facilities are hereby considered gender-neutral.

Section 2. Implementation.

All City facilities shall post the Single-Sex Facility Policy in conspicuous locations within one month of the Effective Date of this Executive Order. All Directors shall have available the Single-Occupancy Facility Policy for any staff members or members of the public. The Single-Occupancy Facility Policy shall be posted in conspicuous locations to personnel and members of the public using City services within one month of the Effective Date of this Order.

Section 3. Training.

All City employees shall receive training on transgender diversity and inclusion, including the requirements of this Executive Order as well as Section 1 of Executive Order 10, ordered by Former Mayor Dawn Zimmer on June 14, 2017, as part of the annual diversity training that is mandatory for all City employees.

Section 4.

Nothing in this Executive Order shall be construed to prevent any City department or employee from complying with existing state or federal law or regulations.

Nothing contained in this order shall be construed to mean that transgender people must make use of gender-neutral options. Individuals may choose to make use of these gender-neutral restrooms, but no person shall be required to accept such alternatives or be restricted in their access to shared facilities.

Section 5. Clerk of Hoboken to Transmit Copies of This Chapter, Informing Municipal Agencies and Employees.

Within 30 days, the Clerk of Hoboken shall send copies of this Chapter, including any future amendments thereto that may be made, to every department, agency and commission in Hoboken. Each appointing officer in Hoboken shall inform all employees under her or his jurisdiction of the prohibitions in this Executive Order, the duty of all of her or his employees to comply with the prohibitions in this Executive Order, and that employees who fail to comply with the prohibitions of the Executive Order shall be subject to appropriate disciplinary action. Each agency will provide its employees with a written directive with instructions for implementing the provisions of this Executive Order within thirty days of notice.

Section 6. Severability.

If any part of this Executive Order, or the application thereof, is held to be invalid, the remainder of this Executive Order shall not be affected thereby, and this Order shall otherwise continue in full force and effect. To this end, the provisions of this Order, and each of them, are severable.

Section 7.

All city agencies and employees shall fully cooperate with this Executive Order.

Section 8. Effective Date.

This Executive Order shall take effect immediately and supersedes all inconsistent Executive Orders.

[Signature Page Follows]

APPROVED:

__________________________ ________________

RAVINDER S. BHALLA DATE

MAYOR

AS TO FORM:

__________________________ _________________

BRIAN ALOIA DATE

CORPORATION COUNSEL

ATTESTED TO AND RECORDED BY:

_______________________ __________________

JAMES J. FARINA DATE

CITY CLERK

This Executive Order shall remain in the custody of the City Clerk. Certified copies are available upon request.