Wednesday, September 16, 2026, 10:30 a.m. (Denver time), City & County Building, Room 391
The Health and Safety Committee, chaired by Darrell Watson, considered one action item: Council Bill 26-1305, the Sex and Gender Identity Protection Ordinance, sponsored by Council Members Stacie Gilmore and Shontel Lewis. The ordinance would limit city collection, retention, and sharing of sex, sexual orientation, gender identity, and gender expression data, bar use of city resources to assist outside investigations targeting trans and gender expansive people, and require agency reporting to council. After a sponsor presentation, nine signed-up public commenters (six of whom spoke) testified, mostly in support, and council members asked clarifying questions about reporting deadlines and agency data practices. A motion and second were made on the item; the transcript ends as the chair calls on the motion without showing the vote result.
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