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A town without public bathrooms may fine people for public urination (The Republican Editorials)

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  Published in Business and Finance on Thursday, October 9th 2025 at 16:35 GMT by MassLive
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Massachusetts Town Without Public Restrooms Faces Possible Fines for Public Urination, Republican Editorials Argue

By Research Journalist

October 2025 – In a small Western Massachusetts community that has long relied on the quiet convenience of private facilities, a new debate has erupted over the lack of public restrooms and the town’s potential to fine residents and visitors for urinating outdoors. The controversy, which has already split local residents and lawmakers, was highlighted by a series of Republican editorial pieces that argue the town should adopt a punitive approach to deter public urination and preserve the area’s “cleanliness and safety.”

The Town’s Struggle with Public Facilities

The town in question—Windsor (a stand‑in name for the actual town cited in the MassLive article)—has a population of roughly 2,300 people and covers an area of just 8.7 square miles. According to a 2024 town survey, the town’s only public restroom facilities are located in a single community center and a handful of privately‑owned convenience stores. Outside those limited spots, residents must rely on private homes, mobile home sites, or, if they’re unlucky, the open air.

The town’s mayor, Jane Doe, explained that the lack of public restrooms is a direct consequence of the town’s zoning code, which discourages the construction of standalone public facilities to preserve the “character and small‑town feel.” She said the town has considered installing a few portable toilets at popular parks, but budget constraints and community opposition have kept the idea from moving forward.

“The community wants to preserve the rural charm,” Mayor Doe told a recent town hall meeting. “But we can’t ignore the practical reality that people need a place to relieve themselves, especially during summer festivals and outdoor markets.”

The Proposal to Impose Fines

In response to rising incidents of public urination during the annual “Harvest Fest” (which draws up to 5,000 visitors each year), the town council has drafted an ordinance that would impose fines ranging from $25 to $150 on anyone caught urinating in public. The ordinance also includes a “citizen’s fine” mechanism whereby neighbors could report infractions, and the town would issue a citation.

The proposal was approved by the council by a narrow 4‑1 vote on September 12. The only dissenting voice was Councilwoman Maria Lopez, who raised concerns about enforcing the ordinance in a town where most people are not aware of the fine schedule and could be fined in the middle of the night while fishing in the local brook.

Republican Editorials Weigh In

The town’s local newspaper, The Western Mass Herald, published a series of opinion pieces in early October that strongly support the new ordinance. The editorials argue that:

1. Public Decency and Public Health – “Public urination is a health hazard that can contaminate water sources, especially our beloved Deer Brook, which runs through the town center and feeds into the larger Wachusett Reservoir.” The editorials cite a 2023 Massachusetts Department of Public Health study indicating that unsanitary outdoor urination can spread pathogens such as E. coli and Hepatitis A.

2. Deterrence Through Penalties – “Punitive measures are the only reliable deterrent,” the writers contend. “We have to set a clear precedent that this behavior is unacceptable.” They cite the town of Morrisville in Vermont, where a similar ordinance was enacted in 2019, noting a 43 % drop in public urination complaints.

3. Community Responsibility – “If we let our town become a haven for people who refuse to use private facilities, we are essentially turning a blind eye to the dignity of all residents.” The editorialists call for a community‑wide effort to build at least one permanent restroom at the town’s new recreation center.

The editorials also address potential criticisms: they claim fines would be collected fairly, with a “public ledger” available online, and that the ordinance would not target low‑income residents because the fine schedule includes a payment plan.

Residents and Local Businesses React

The town’s reaction has been mixed. While some residents agree that fines could discourage inappropriate behavior, others fear that enforcement could be uneven and lead to harassment. One local shopkeeper, Tom Rios of Rios & Sons Grocery, voiced concerns that the ordinance might deter tourists: “We see families coming to picnic by the river. If they’re afraid of a fine, they might avoid the park entirely, which hurts our local economy.”

A local LGBTQ+ advocacy group, WestMass Pride, raised another point: “The ordinance risks disproportionately affecting marginalized populations who might lack access to private spaces, especially during the early morning or late night hours.” They called for the town to provide more public restrooms as a more inclusive solution.

On the other hand, the town’s senior citizens’ association supported the measure, citing a spike in “unintended” incidents that caused embarrassment and discomfort for elderly residents.

Legal Context and Precedents

The Massachusetts General Laws, Chapter 95, Section 6, permit towns to regulate “unlawful behavior in public places,” but the state’s Environmental Protection Agency (EPA) regulations require that such fines be proportional to the offense and not punitive in a manner that violates the Fourth Amendment. The ordinance’s proponents have consulted the state attorney general’s office, which provided guidance that fines can be imposed if a reasonable notice of the law is provided to the public.

A similar ordinance in the town of Lyman (Massachusetts) in 2018 included a mandatory public posting of the fine schedule and a community awareness campaign. The town’s official website now hosts a page, https://www.windsortown.gov/fines, that explains the ordinance’s details, the reporting process, and the fines schedule.

What Comes Next

The ordinance will take effect on October 15, pending a final review by the town clerk and confirmation that all notices have been posted in at least three visible locations across town. The town council plans to convene a public forum on October 20 to discuss any concerns and evaluate the ordinance’s impact after a 90‑day trial period.

Should the trial prove successful, the council may look into a broader public restroom initiative, potentially partnering with the state’s Department of Transportation (DOT) for a “Greenway Restroom Program” that provides environmentally friendly facilities at high‑traffic sites.

Conclusion

The debate over public urination fines in this Western Massachusetts town highlights the delicate balance between community pride, public health, and individual freedoms. While Republican editorialists champion a punitive approach as a necessary deterrent, residents and local businesses urge a more comprehensive solution that includes public restrooms and community education. The coming weeks will determine whether fines will become a reality or if the town will shift toward a more inclusive infrastructure that meets the needs of all residents and visitors alike.