Cleveland City Hall in Cleveland

Cleveland City Council on Wednesday is expected to pass an ordinance banning discrimination against transgender people in restrooms.

(Plain Dealer file photo)

CLEVELAND, Ohio - Cleveland City Council on Wednesday passed legislation empowering transgender people to choose whichever restroom, shower or locker room aligns with their gender identity, without fear of discrimination.

The measure was introduced in 2013 as part of a package of ordinances that update the city's existing anti-discrimination laws to include the transgender community.

The legislation removes a passage from the existing nondiscrimination ordinance that allowed for owners of private business with "public accommodations" to discriminate based on a person's gender identity or expression and dictate which bathroom a person should use, "provided reasonable access to adequate facilities is available."

Proponents of the new ordinance argued during council hearings in 2014 that transgender people often are victims of harassment, attacks and sexual assault when forced to use restroom facilities that do not match their gender identity. Some testified that they stay out of bathrooms or locker rooms altogether to avoid public confrontations.

An earlier version of the ordinance made a violation a first-degree misdemeanor, punishable by a $1,000 fine or 90 days in jail. The latest, amended version calls for complaints to be filed with the city's fair housing court, which could issue a civil penalty. Ignoring that would trigger a first-degree misdemeanor charge. But penalties would be left to the discretion of a municipal judge.

The new ordinance also does not require businesses to incur any costs to build separate facilities or change signs on restrooms.