Separate but Equitable!

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As an American you have the right to Life, Liberty, and the pursuit of happiness. Perhaps soon, if House Bill 4869 passes in the federal congress, women can add the right to equal or greater restroom access to the list.  Congress held hearings the week of May 13, 2010 on this very subject.  The Bill will only apply to federal buildings and not privately owned businesses, nor will it override state laws. Experts have testified to Congress that lack of availability to restroom facilities causes thousands of health related conditions every year in America.

Some federal buildings were built over 100 years ago, when for the most part, women were not in the work force or at least not to the extent that they are now.  Through the years some restrooms have been converted or added for women. Despite women becoming nearly 50% of the overall workforce, in most federal buildings the restroom scales remain tipped toward the men.

George F. Banzhaff III, a George Washington University Law School Professor says to ignore potty parity or even to offer simply equal fixtures is a form of sexual discrimination.  Banzhaff promotes not equal facilities but equitable.  Depending on the purpose of the location, this could mean a 1:1 ratio, 2:1, 3:2 or even, for locations like movie theaters, a 4:1 ratio of women’s fixtures to men’s.

Potty Parity often sounds like a joke to many, or some holdover from the 1970s women’s movement.  What the heck is Potty Parity anyway and does it apply to the restroom I need for my park, campground, or special project?  The good news is that most likely potty parity laws do not apply to the majority of projects for parks or campgrounds.  

The original law suit came from women attending professional sporting events such as NFL Football games or NBA basketball.  Female fans witnessed no lines for the men’s rooms when the lines for women’s restrooms wrapped around the entire stadium.  Half time may be over for a half an hour before women are able to return to their seats and enjoy the game.  It was obvious something had to change.  Many critics claim that potty parity has not done away with any queues or lines, it has simply ensured that men wait equally as long as women do.  Most state potty parity laws apply only to certain circumstances.  Many locations such as public parks, campgrounds, schools, etc. were exempt from the laws. They were applied sparingly to locations that typically experience intense periods of usage with limited time and opportunity for women.   The locations most affected by potty parity laws are sports arenas and stadiums, theaters, opera houses and other events that traditionally have an “intermission” or “half-time”. This narrows the opportunity “to go” and robs a portion of the entertainment they paid to see.

If you are putting a restroom in a park or campground where usage is typically of the, “When you gotta go, you go” variety, potty parity usually will not apply to you.  A simple city park does not fall under potty parity, but if that same park holds outdoor musical concerts, potty parity may apply to you.  Check your local and state laws regarding potty parity, but for most projects it simply does not apply.

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