Posted by Amanda Hess on Aug. 12, 2009, at 1:30 pm
When Omar Miskinyar opened 14th Street NW nightlife spot Policy earlier this year, he invested in the unexpected. Inside the sprawling restaurant, bar, and lounge, ornate chandeliers hang below exposed pipes and ducts. Graffiti by artist Andrew Funk blazes across the tasteful taupe walls. Cherry-red patent-leather booths ring a bar with a wall of flat-screen televisions. And rather than pants vs. triangle, “ladies” vs. “gents,” or “Barbie” vs. “Ken,” the doors to the restrooms are marked with a pair of swirled Plexiglas exclamation points. One is blue, the other is pink. They’re the size of human beings.
Human beings, however, do not always fit the color scheme. That raises something of a grammatical problem for Miskinyar: Policy’s subtly gendered punctuation may be inconsistent with a little-known provision of D.C. human rights law.
Since 2006, the D.C. Human Rights Act has protected transgender men and women from discrimination in employment, housing, and public accommodations—including restrooms. Since public bathrooms are traditionally gender-specific, gender nonconforming clientele have faced harassment, attack, and even arrest for picking the “wrong” gendered stall. Restaurants with multi-stall bathrooms segregated by gender can work to eliminate discrimination by ensuring that even when rooms are marked for ladies or gentlemen, they’re free of harassment for the spot’s gender-variant pissers.
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