Should menstrual products be tax exempt? Durango City Council is holding a public hearing Wednesday during its regular meeting to consider just that, whether to implement a tax exemption of menstrual care products within the city.
The idea of stripping taxes from menstrual products was well received by councilors during a December work session, where the idea was proposed by the Durango Community Relations Commission.
At the work session, councilors considered free access to feminine hygiene products at public-access city facilities.
“Why do we even charge for the menstrual products?” City Councilor Barbara Noseworthy said in an interview Thursday with The Durango Herald. “When they’re needed, they’re needed, and you don’t always have a quarter.”
That question evolved into, “Would the city consider removing menstrual products from taxation?” she said.
In a written recommendation provided to City Council, the Community Relations Commission said the tax exemption would be one step toward ending “‘period poverty’ and ensuring menstrual equity for all.”
The recommendation said those who menstruate sometimes find themselves in the difficult position of whether to buy food or hygiene products and called the issue a matter of dignity.
The recommendation also referenced the cities of Denver and Aurora, which removed city sales taxes on menstrual products in 2019 and 2021, respectively.
Noseworthy said that as a woman she relates somewhat to the question, but she’s withholding her opinion.
“I do my research and then I want to hear what the public has to say,” she said.
Durango resident Sweetie Marbury said the proposed tax exemption doesn’t go far enough.
Marbury said a meaningful tax exemption for working people would consider the disabled and the elderly, in addition to women.
“I know that my family buys diapers for my granddaughter and they go through cases of them every day,” she said. “Just think about it: A child wearing diapers for at least three years – that’s a huge expense.”
She has made calls to the Southwest Center of Independence, a center that helps people with disabilities attain independent living; the Durango/La Plata Senior Center; various nursing homes; and some Bayfield officials, she said.
Marbury considers the proposed tax exemption “a first step, but a really weak one.”
“What really got my gall was, I was at Walgreens,” she said. “I was watching a senior who had a basket full of Depends for men and women.”
She said women and babies aren’t the only people who need diapers. Some men do as well, whether they are primary caregivers, disabled or senior citizens.
“I thought, ‘Oh my gosh, he’s spending a lot of money and he’s not getting any tax exempt status,’” Marbury said. “And I’m quite sure he’s probably living on a fixed income.”
Marbury, who served twice as mayor of Durango, said public servants should be fair and reasonable for everyone in the community, “not just a certain segment of society.”
Mayor Kim Baxter said she doesn’t yet have an opinion about the question of tax-exempted menstrual care products. But she has questions about what city policy should be on matters concerning equal access to essential products.
She said some people think tax exemption would be helpful to lower-income people who need certain products but can’t afford the taxes. She said she can think of many taxed products that people rely on.
“Why should one group benefit from a lack of tax on a product and other groups don’t?” Baxter said.
She said her question has nothing to do with the actual products or the groups of people who benefit from the products, but it addresses the concept of “benefiting one group more than another in an identical type of situation.”
“How do we determine how we approach that?” she said. “What’s our policy on that? That’ll be the question on Wednesday.”
Baxter wants to hear from the public and work out what path forward makes legal sense, she said.
Menstrual products were already being provided for free at Durango-La Plata County Airport when the Community Relations Commission proposed the tax exemption to City Council in December. The city started offering the products for free at the Durango Community Recreation Center as well as in city restrooms.
“We already provide those at the city-county airport, so making sure that we are consistent along all fronts, we’ve gone ahead and made that change,” said City Manager José Madrigal at the City Council study session.
Residents can submit written testimony with their thoughts about the possible tax exemption. All feedback must be directed to the Durango City Clerk’s Office by email to PublicComment@durangogov.org. Feedback must be received no later than noon Monday, and the agenda item should be included in the email’s subject line.
cburney@durangoherald.com
