Wednesday, September 16, 2026, 10:30 a.m. (Denver time), City & County Building, Room 391
0:06 Welcome back to this weekly
0:07 meeting of the Health and
0:08 Safety Committee with Denver
0:14 City Council. Coverage of the
0:15 Health and Safety Committee
0:17 starts now.
0:26 A warning. This is the
0:27 SEPTEMBER 16th Health and
0:29 Safety Committee meeting. My
0:30 name is Daryl Watts and I'm
0:31 honored to serve as the
0:33 committee chair for this
0:36 committee as well as a city
0:37 council meeting all of the
0:38 fine district We have one
0:41 action item today. It's 26 13.
0:43 0, 5 sex and gender identity
0:44 protection ordinance. Before
0:46 we roll into the presentation.
0:47 When we start with
0:49 introductions from city
0:51 council members of My brother
0:52 from another mother,
0:56 COUNCILMAN Cashman is online.
0:58 I am here. Good morning. Paul
0:59 Kashmann South Tendra District
1:00 6 and then let's begin with
1:02 introduction starting on my
1:05 Kevin southwest number
1:06 district, 2, Stacey, artistic
1:10 11 Everyone said can tell us
1:12 Candace, one of the council
1:16 members at Good morning to an
1:17 American bill. Southeast
1:18 Denver district Thank you so
1:19 much. Council members on the
1:19 plaza. See there's anyone else
1:24 online. Seeing none. Today's
1:26 presentation is an action item
1:27 and there will be public
1:28 comment will chair kind of a
1:29 little bit of the overview
1:31 about public comment process.
1:32 All will roll out after the
1:34 presentation. So with that,
1:35 I'll turn it over to the
1:37 council sponsors,
1:38 Councilmember Gilmore and
1:39 Councilmember Luis for the
1:44 presentation. Thank you. Thank
1:48 you. We are honored to be here
1:49 this to present the sex and
1:51 gender identity protection
1:52 ordinance and this is very
1:57 meaningful work I am honored
1:59 to be in partnership
2:00 COUNCILMAN Lewis on this
2:03 legislation. Councilmember
2:05 parity and I had started
2:07 working on it. And
2:09 unfortunately, she was unable
2:11 finish out with us. But I
2:12 texted her this morning told
2:14 her thank you for the honor
2:16 being able to carry this
2:17 forward. And so stop there and
2:19 see if COUNCILMAN Lewis, you
2:20 have opening remarks just
2:22 thank you for the opportunity.
2:22 Thank you for the folks that
2:24 we've been able to work in
2:26 partnership to move this along
2:29 for your definitely
2:30 definitely. And so we'll go to
2:34 the second slide here. I want
2:35 to thank Meredith for my
2:39 council office and McHale and
2:40 the coldest from Council in
2:41 Lewis's office as well. We've
2:43 got a shortage end of this
2:45 morning. We're going to
2:48 discuss the sex and gender
2:50 identity protection Our
2:51 protection are present
2:52 presentation that tease covers
2:53 why the ordinance is deet
2:55 needed what the ordinance
2:56 teams to do specific
3:00 provisions in the ordinance.
3:00 The conversations that we've
3:04 had with city agencies
3:05 community leaders along with
3:06 the ordinances, current
3:10 legislative timeline. Just to
3:12 talk a bit about why the
3:13 ordinance is needed over. 25
3:16 states have banned or
3:18 restricted best practice
3:18 gender-affirming care for
3:19 minors and 19 states have
3:23 banned use of gender
3:24 appropriate bathrooms for
3:25 transgender people. Even in
3:25 Colorado, their school
3:27 districts that are allegedly
3:28 attempting to force
3:30 transgender children to out
3:31 themselves to their schools
3:34 and have parents behavioral
3:35 contracts that require using
3:36 bathrooms aligning with sex
3:39 assigned at birth. And given
3:40 the alarming political climate
3:42 and increasing targeting of
3:44 transgender and gender
3:46 expansive people, we must do
3:47 something as a city to protect
3:49 the people who live work and
3:50 recreate within within Denver.
3:52 And so this policy was shaped
3:54 by the direct input of
3:55 community leaders and
3:56 constituents in order to be
3:59 able to address those
4:01 concerns. Thank And as abroad
4:05 summary, this ordinance aims
4:08 to reduce unnecessary sacks
4:11 and or gender documentation
4:13 and record keeping. It will
4:14 prevent city resources from
4:15 being weaponized against trans
4:18 and gender expansive people.
4:18 Aaron prohibit the city and
4:20 county from sharing
4:22 information that would advance
4:24 investigations which target
4:24 trans and gender expansive
4:29 people. And to flesh out what
4:31 that means. This ordinance
4:32 applies to volunteer
4:33 collection in disclosure of an
4:36 individual's actual or
4:37 perceived sex, sexual
4:38 orientation, gender identity
4:41 or gender expression, data,
4:43 which for ease of reference
4:44 will refer to as the Sochi
4:46 data. And I want to underscore
4:47 that the mandatory collection
4:49 and disclosure of Sochi data
4:51 that is required by federal
4:52 state or city lot is exempt
4:56 Moreover, voluntary collection
4:56 from these requirements.
4:59 disclosure of the Sochi data
5:00 that is necessary to effect an
5:02 important city interest also
5:04 exempt from these
5:05 requirements. And this
5:06 includes but is not limited to
5:09 data used for human services,
5:10 health services, behavioral
5:13 health services, criminal
5:14 justice, shelter management
5:15 and matters related to grant
5:16 applications, compliance
5:20 reporting or management.
5:21 Ordinance is proposed to go
5:22 into effect and would require
5:24 city entities to come into
5:25 full compliance by JANUARY.
5:28 One of 2027 will dealt do well
5:30 up into that war. And the
5:31 agency reporting requirements.
5:32 When we get to the
5:33 implementation slide later on
5:38 in the presentation. We'll go
5:42 ahead now get specific one of
5:45 the 4 key provisions in the
5:47 ordinance and the first one is
5:47 reducing unnecessary
5:50 documentation and record
5:53 keeping. This bill will ensure
5:55 that no department agency
5:56 board Commission officer
5:59 employee or contractor of the
6:00 city shall require the
6:02 collection or disseminate
6:05 personal information regarding
6:06 an individual's actual or
6:08 perceived sexual orientation,
6:10 gender identity or gender
6:11 expression unless required by
6:16 federal state or city law
6:17 regulation or less necessary
6:20 to effectuate an important
6:21 city interest. If Sochi data
6:24 is required to be collected,
6:26 the information shall only be
6:28 retained for 30 days,
6:29 excluding information needed
6:31 to comply with federal, state
6:33 or city law regulation or to
6:37 effectuate an important city
6:38 interest there are offered at
6:41 their after any non excluded
6:42 information related to Sochi.
6:43 Data must be permanently
6:44 destroyed from any city
6:48 records. To continue into the
6:50 weeds just a bit more so for
6:53 the provision which prevents
6:54 the weaponization of city
6:56 resources, it mandates that
6:57 shall not use any city funds
6:59 or resources to assist another
7:01 city county state or the
7:01 federal government with the
7:04 collection of the Sochi data,
7:05 nor will it. Assistant any
7:09 current or future efforts. 4
7:10 of another city county state
7:12 or federal government to
7:14 disclose an individual's Sochi
7:15 information or discriminate
7:16 against any person based on
7:18 their actual or perceived sex
7:21 sexual orientation, gender
7:22 identity or gender expression
7:23 unless required by federal
7:26 state or city or regulation or
7:27 unless necessary to effectuate
7:31 an important city interest and
7:33 the city show not enter into
7:34 any contractual agreement that
7:36 would commit or require any
7:37 city official, any city
7:38 officer or employee to
7:40 directly or indirectly assist
7:41 in the collection of an
7:43 individual Sochi data unless
7:47 it is necessary to affect at
7:48 fec to 8 services and serves
7:52 an important city interest the
7:54 3rd key provision. The
7:55 ordinance aims to limit city
7:58 involvement with outside
7:59 entities investigations which
8:02 MAY target trans and gender
8:04 expansive people by mandating
8:05 that first the city shall not
8:07 use any funds. Resources were
8:11 flying forsman personnel to
8:14 assist another city county
8:15 state or federal law
8:16 enforcement agency. And any
8:19 attempt to stop detain
8:22 questions, search interrogate
8:23 surveil, identify or
8:24 investigate individuals based
8:25 solely upon and individuals
8:28 actual or perceived sacks
8:29 sexual orientation, gender
8:33 identity or gender expression.
8:35 And additionally, additionally
8:36 that no city agency shall
8:41 share its program applications
8:42 intake information, census
8:44 data were technologies
8:45 agreements with any other city
8:47 county, state or federal law
8:48 enforcement agent unless again
8:50 required by state federal
8:52 where city law or regulation
8:53 or necessary to effectuate an
8:57 important city interest. Also
8:59 has a quick flag when we were
9:01 in budget and policy. Earlier
9:03 this week, we've made a few
9:04 minor grammatical updates to
9:07 the ordinance language and
9:09 have also added actual or
9:12 perceived sexual orientation,
9:13 gender identity or gender
9:17 expression to subsection have
9:17 so that it's consistent with
9:20 the rest of the legislation
9:23 and that references the Sochi
9:26 data. So it now reads no city
9:27 agency shall share information
9:29 regarding regarding an
9:32 individual's actual perceives
9:33 sexual orientation, gender
9:35 identity or gender expression.
9:38 It seemed green a little dark
9:42 on the document sent off its
9:44 program. Applications intake
9:45 information, census data bases
9:47 or technology use agreements
9:48 with any other city county,
9:50 state or federal law
9:51 enforcement agency unless
9:53 required by state federal law
9:55 city, law or regulation or
9:56 unless necessary to effectuate
10:02 an important city interest. So
10:05 we added Subsections g and h
10:06 to the ordinance after
10:08 conversations we had with some
10:09 of the agencies because we
10:12 heard that it would helpful to
10:13 include language that
10:14 explicitly says that the city
10:14 of Denver agencies are still
10:18 allowed to internally shared
10:19 and that to share data that
10:21 they maintain one another with
10:22 one another and that their
10:24 policies can be revised in
10:25 order to be able to reflect
10:27 this. And as it relates to
10:29 Section 2, which details the
10:32 effective date. As I mentioned
10:32 earlier, this ordinance is
10:34 scheduled to take effect on
10:39 JANUARY one, 2027 and agent 90
10:40 days after the effective date,
10:41 all affected agencies and
10:43 departments show report too.
10:45 Denver City Council what sex
10:48 sexual orientation, gender,
10:50 identity, gender, expression,
10:51 information they currently
10:54 could collect and maintain
10:55 then sent we're and budget
10:57 Policy Committee earlier this
11:00 week. We also added additional
11:00 modifying language to the
11:04 ordinance which specifies that
11:05 honor by the end of NOVEMBER
11:06 of each year, agencies are
11:08 will be required to report to
11:10 city Council so it now reads
11:11 annually thereafter, all
11:12 affected agencies and
11:13 departments shall report to
11:15 the Denver City Council
11:16 Councils, Health and Safety
11:20 Committee or an equivalent
11:21 Denver City Council Committee
11:23 on Art by NOVEMBER 3rd,
11:24 regarding their compliance
11:27 with this ordinance. So in
11:30 terms of community support,
11:31 this ordinance was brought to
11:34 us by community advocates has
11:35 something that our city needs
11:39 to make sure folks safe. Its
11:41 been endorsed by 13 community
11:43 groups. Here are some quotes,
11:44 kept change people's
11:45 experiences that all pause and
11:58 what folks read. And then I
11:59 also wanted to share an
11:59 experience that the the
12:00 founder and director of Bread
12:04 and Roses Legal shared with us
12:06 that helped me understand how
12:08 this bill can help us solve
12:09 our what this bill can help us
12:13 really solved. I want you to
12:14 for a second. Imagine a high
12:15 school student in Colorado
12:19 will call her Sarah theres a
12:19 9th grade. Her family moved to
12:22 Colorado from an unsafe state.
12:25 Her parents have supported
12:26 Sarah. The seen age
12:27 appropriate and medically
12:29 supervised gender affirming
12:32 care. Airs ground parents do
12:34 from her identity and reported
12:36 her family to Child Protective
12:39 Services in their home state.
12:40 And the agency immediately
12:43 opened an investigation. The
12:46 state is attempting to get
12:47 information from Denver to
12:51 support this investigation,
12:51 including what city programs
12:53 Sarah was enrolled in and what
12:57 her gender is listed in a
12:58 situation such as ordinance
13:02 would come from that a city
13:03 agency would not be able to
13:05 share any information about
13:13 Farrah or her family. Water.
13:16 So in terms of the timeline,
13:18 in addition to co-creating
13:20 this legislation with
13:22 community leaders this year,
13:23 we've grief and received
13:26 feedback from over 15
13:27 agencies. The Denver Lgbtqia
13:27 Plus Commission and the
13:28 mayor's office and several
13:32 view here on council. As you
13:34 all know, the ordinance was in
13:35 Budget and Policy Committee
13:36 earlier this week. And here we
13:39 are in health and safety
13:39 today. If all goes well today
13:41 and it will be in Paris
13:42 reading into which is Monday,
13:45 SEPTEMBER 28th. And then
13:45 second reading on Monday,
13:48 OCTOBER. We have I think we
13:51 have public comment first and
13:55 then Thank you so much.
13:57 Councilmember Gilmore and
13:58 Lewis and your team bringing
14:02 this We have an opportunity
14:03 this morning for public
14:04 comment before I roll into
14:06 kind of how the public comment
14:08 process will begin. Just
14:11 really language that we always
14:13 share at City Our city council
14:15 spaces are safe spaces for all
14:16 community members to share
14:19 their input during the public
14:22 comment process. So I walked
14:22 through a little bit of folks
14:23 should expect that we have 15
14:24 minutes to hear public
14:26 testimony. All speaker should
14:27 begin by stating their names.
14:28 Each person will have 2
14:31 minutes to speak for those
14:32 participating in person when
14:33 called upon. Please come to
14:34 the microphone right here in
14:40 front of Time on the
14:41 presentation monitor will
14:41 display remaining time for
14:42 those participating virtually
14:44 when called upon. Please wait
14:45 until you're promoted to
14:47 speaker the Knicks up the