The toilets are a holdover of the Bloomberg administration, which signed a franchising agreement with Cemusa (later JC Decaux) in 2006 that was supposed to provide 20 such facilities at a cost of around $500,000 apiece. Recently, the city declared it will not force dining establishments to offer their restrooms to the public after an update to pertaining sections of its building code. 

The issue has as much to do with providing what many recognize to be vital pieces of public infrastructure as it does with serving the city’s roughly 45,000-strong homeless population, which has been the target of recent Adams administration efforts to restore a sense of safety in the wake of an alarming two-year spike in crime. Critics, for their part, see it as part of a larger effort to “criminalize” homelessness, charging that the lack of facilities denies everyone a “basic human need.” 

“It is not only a sanitation issue but also a public safety and civil rights issue,” Councilmember Sandy Nurse said, adding that, in her view, City Hall was actively creating an “inhospitable city for menstruating, pregnant, disabled folks, and delivery workers.”