Title IX has been a federal law since 1972. Since then, there have been numerous lawsuits developing case law determining if an institution or facility is in compliance with Title IX - quality, availability, exclusivity of use, practice and game facilities, as well as locker rooms. Currently, there are no planning and zoning codes as it relate to parks and recreation, public education facilities, and any other businesses or institutions that are subject to Title IX regulation. Planning and zoning have no recourse to understand the Title IX implications of decisions in approving or disapproving projects. The system relies on a reactive enforcement of the law and leaves cities exposed to pre-existing and growing disparities with no path to narrow and comply on an on-going basis with the law. When planning and zoning approves projects to turf a field, build a new athletic facility, improve existing facilities there is no process to evaluate the project within the context of Title IX compliance. Just as planning and zoning have codes to proactively comply with accessibility laws, municipalities need to bring their code forward to proactively ensure projects subject to planning and zoning comply with Title IX.
