Rochester, NY Expands Protections for Immigrants, Reproductive Autonomy, and the LGBTQIA+ Community

On August 26, 2025, the Rochester City Council voted unanimously to strengthen the city’s long-standing sanctuary city policy, adopting Ordinance No. 2025-283. The measure, formally adopted on August 27, 2025, amends the city’s municipal code to incorporate Rochester’s sanctuary policy into law and broadens local anti-discrimination protections, including in places of public accommodation. The measure directly affects employers and businesses contracting with the city of Rochester or offering public accommodations within the city.¹ There are four ways in which the ordinance makes a significant impact:

1. Expanded Protections for Immigrants

Rochester first declared itself a city of sanctuary in 1986. Under the strengthened ordinance, the city council moved beyond former policy declarations by embedding its sanctuary commitment directly into municipal law. This step makes the city, and the businesses it contracts with, responsible for upholding the sanctuary and anti-discrimination standards imposed. 

As laid out in the ordinance, the codification of this policy was passed in response to the “enhanced threat of detention and deportation for no reason other than immigration status.”  The municipal code clarifies that discrimination based on national origin includes discrimination against “persons not citizens and their descendants” and prohibits the city, city personnel, or organizations contracting with the city, from denying or discouraging individuals or their children from seeking opportunities, reporting crimes, or accessing city services based on actual or perceived immigration status. The municipal code clarifies that city personnel may only inquire or request proof of an individual’s immigration status or citizenship if: (i) the request is made in connection with services or benefits that are contingent upon the individual’s immigration or citizenship status; (ii) is lawfully required by federal, state, or local laws; or (iii) is needed for a criminal investigation. 

2. Broader Coverage for Pregnancy and Reproductive Health

Additionally, incorporating the state’s Equal Rights Amendment, which became effective January 1, 2025, the ordinance expands the definition of “discrimination” to protect persons from discrimination based on pregnancy, outcomes of pregnancy (such as birth, stillbirth, miscarriage, or abortion), and access to reproductive healthcare. It also protects individuals’ bodily autonomy and decision-making regarding reproductive health and wellness. In short, the city’s municipal code now affords equal protection for individuals based upon pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. 

3. Gender Identity and Expression in Public Accommodations

The ordinance further strengthens protections for the LGBTQIA+ community with respect to “gender identity or expression,” which includes an individual’s self-image, appearance, behavior, or expression, whether or not the behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. As a practical matter, it is now unlawful for any person who owns, leases, manages, or operates a place of public accommodation in the city of Rochester to:

• Deny access to bathrooms, locker rooms, dressing rooms, bathing facilities, or facilities consistent with a person’s gender identity or expression;
• Restrict single-use bathrooms to one gender or require transgender individuals to use only a single-use bathroom;
• Deny participation in community, recreational, or athletic activities that is consistent with a person’s gender identity or expression;
• Deny healthcare, including reproductive or gender-affirming care, based on gender identity or expression;
• Deny a patient autonomy over any decision based on if they are pregnant, including the pregnancy itself, pregnancy outcomes, and reproductive healthcare; or
• Deny use of facilities for marriage ceremonies, receptions, or related events.

The ordinance tempers these protections by explicitly including an additional exemption that makes clear that it is not intended to conflict with conduct prohibited or regulated by federal or state law that would preempt Rochester’s local city law. 

4. City Compliance and Enforcement

Finally, the ordinance creates an enforcement mechanism to discipline city officers and employees subject to either the mayor’s or the city council’s jurisdiction, who violate Chapter 63 of the municipal code.  The enforcement mechanism requires an investigation of any credible allegation and may result in public disclosure of the investigation’s findings, disciplinary action, and/or removal from employment. 

What This Means for Businesses

Businesses that contract with the city of Rochester are now under a clear legal obligation to comply with the amended municipal code. Specifically, contractors must ensure that their employment and service practices align with the city’s anti-discrimination and sanctuary requirements. Private employers doing business within the city of Rochester should be mindful that they have new obligations if they own, manage, or lease a place of public accommodation. Subject to the exemptions permitted under the law, these obligations prohibit business owners from denying or restricting access based upon a patron’s LGBTQIA+ status and allowing patrons to use facilities aligned with their gender identity. Staff training on compliance with these requirements and updating internal policies to reflect the protections outlined in this ordinance are recommended.