NORTH CAROLINA LAW REVIEW Volume 98 Number 2 Article 2 1-1-2020 Bathrooms as a Homless Rights Issue Ron S. Hochbaum Follow this and additional works at: https://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Ron S. Hochbaum, Bathrooms as a Homless Rights Issue, 98 N.C. L. REV. 205 (2020). Available at: https://scholarship.law.unc.edu/nclr/vol98/iss2/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. 98 N.C. L. REV. 205 (2020) BATHROOMS AS A HOMELESS RIGHTS ISSUE* RON S. HOCHBAUM** Bathrooms are a bellwether of equality. Segregated bathrooms were at the center of the Civil Rights Movement. Accessible bathrooms were at the heart of the Disability Rights Movement. Now, gender-neutral bathrooms or bathrooms assigned by gender, rather than sex, are at the heart of the Transgender Rights Movement. This Article is the first to examine the right to access bathrooms as it relates to the homeless community. The Article explores the current paradox where cities, counties, and states provide few, if any, public bathrooms for the homeless community and the public at large while criminalizing public urination and defecation. To better understand this paradox, the Article contains two original multijurisdictional surveys. The first reviews the prohibitions on public urination and defecation in the ten municipalities with the most homeless individuals. The second explores the Freedom of Information Act and Public Record Act responses of those municipalities to requests for information regarding the public bathrooms they operate and potential barriers to use for homeless individuals (e.g., closing in the evenings or particular seasons, charging a fee for entry, being located in buildings requiring identification for entry, etc.).