Joey Garrison

USA Today Network - Tennessee

Nashville might alter a city code so businesses would no longer be required to have one bathroom specifically designated for men and another for women.

Newly filed Metro Council legislation would broaden exceptions for unisex restrooms, which are currently allowed in Nashville only under certain circumstances based on the size of the establishment.

The bill, sponsored by East Nashville Councilman Brett Withers, would authorize unisex restrooms at most businesses that have two or more bathroom facilities that each consist of single toilets and have locks.

“This is just for some of these businesses that want to make their restroom facilities available to anyone,” Withers said. “It would officially allow that to happen.

“Some business owners have expressed a concern that they want to be accommodating to patrons as well as staff who might be transgender or have a different gender expression,” he said. “It’s also just a practical matter that if you have two restrooms and people are waiting in line, they could use whichever one is available.”

While not always enforced, Nashville's code regarding restrooms — which requires businesses have separate bathroom facilities for each sex unless special exceptions are met — has suddenly arisen as an issue for some restaurants. Businesses are supposed to satisfy the code in order to obtain licenses to operate.

Withers said he filed the bill after Melanie and John Cochran, owners of Wild Cow, a vegetarian restaurant in his East Nashville district, were warned by Metro codes inspectors that they could not have unisex restrooms at a new restaurant the couple is planning nearby called Graze.

The plan for Graze is two, single-stall unisex restroom facilities, but codes officials objected after spotting signs for the unisex facilities.

“Why should somebody have to wait for a restroom if the other isn’t occupied?” said Riley Thayer, a manager at Wild Cow. “It just seems silly. If it’s a single-stall, you should be able to go to either.

“And obviously, we support transgender people as well,” she said. “We don’t think any kind of discrimination should ever happen when it comes to using a restroom.”

The legislation heads to the council for a first of three votes next Tuesday.

Its introduction comes weeks after the Tennessee state legislature debated a bill that sought to require that transgender students use restrooms at schools that correspond to their sex at birth. The legislation died.

In response to similar legislation signed into law in North Carolina, President Barack Obama's administration is now planning a sweeping national directive for schools to allow students to use restrooms that match their gender identity.

Though it’s nonpartisan, Nashville’s Metro Council leans to the left politically, especially in contrast to the Republican-controlled Tennessee legislature. Earlier this year, the council approved a resolution asking the state legislature to oppose bills that are hostile to gay marriage.

Withers, one of two openly gay members of the council, stressed that his proposal would not force business owners to eliminate gender-specific restrooms, but rather give them that option.

“This is meant to be voluntary,” Withers said. “I think that’s a really important thing to emphasize. It’s not mandated.”

Alhough unisex bathrooms in restaurants and other businesses may seem commonplace in Nashville, they are technically allowed in only certain circumstances in Davidson County.

Separate male and female bathrooms aren’t required in restaurants or pools that are less than 1,000 gross square feet, business or education facilities that are less than 1,500 gross square feet, mercantile establishments less than 2,000 gross square feet or factories less than 3,000 square feet.

An exception to these square-foot regulations is gas stations, which must have separate restroom facilities under city codes. This stipulation would remain even if the council passes Withers’ legislation.

Reach Joey Garrison at 615-259-8236 and on Twitter @joeygarrison.