Gavin Howe
Whether or not stores are legally required to provide restrooms for customers depends on the location of the business. In the United States, several states have passed the Restroom Access Act, also known as Ally's Law, which requires retail businesses that have restrooms for employees to also allow customers with medical conditions requiring immediate access to a toilet to use the facilities. As of January 2024, at least 20 U.S. states had passed this law. In Australia, the Crohn's & Colitis Australia (CCA) encourages businesses to support people with medical conditions by recognizing the Can't Wait Card issued by the CCA.
Characteristics and Values Table
| Characteristics | Values |
|---|---|
| States with laws requiring businesses to provide restrooms for customers with medical conditions | Arkansas, California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New York, Ohio, Oregon, Tennessee, Texas, Wisconsin, Washington, Virginia |
| States with laws requiring businesses to provide restrooms for employees | All states |
| States with laws allowing businesses to restrict restroom access to paying customers only | Texas |
| Countries with voluntary programs to support people with medical conditions requiring immediate restroom access | Australia, UK |
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What You'll Learn
Restroom Access Act (or Ally's Law)
The Restroom Access Act, also known as Ally's Law, is a law passed in several U.S. states that requires retail businesses with employee toilet facilities to allow customers with specific medical conditions to use them if the need arises and no public restrooms are available. The law is named after Ally Bain, a 14-year-old girl from Illinois who had a flare-up of her Crohn's disease while shopping and was denied use of the employee-only restroom, causing her to soil herself.
Ally's Law requires retail establishments to allow people with certain medical conditions, such as inflammatory bowel disease (IBD), Crohn's disease, or ulcerative colitis, to access an employee restroom if they have an urgent need and no public facilities are available. As of January 2024, at least 20 U.S. states had passed versions of the law, including Arkansas, California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New York, Ohio, Oregon, Tennessee, Texas, Wisconsin, and Washington.
To use an employee restroom under Ally's Law, customers are generally required to present documentation of their medical condition. This can be in the form of a document signed by a medical professional or an identification card issued by a national organization advocating for the eligible medical condition. The law may vary slightly between states, with some states including pregnancy as a covered medical condition and others not accepting identification cards in place of signed medical documents.
Ally's Law falls under the Americans with Disabilities Act of 1990, which protects people with disabilities from discrimination. It is important to note that the Restroom Access Act does not require businesses to alter their facilities in any way to accommodate people with eligible medical conditions. Additionally, businesses with fewer than three employees are not required to allow customers to use employee restrooms, as it may leave the store vulnerable to damage or theft.
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Businesses exempt from providing restrooms
The requirement for businesses to provide restrooms for customers is determined by state and local laws and regulations, which outline the minimum physical requirements for public accommodations. These laws and regulations vary across different states and localities. While some states mandate that businesses provide restrooms for customers, others do not have such requirements.
In the United States, federal laws require businesses to provide restrooms for their employees, but the laws regarding public restrooms are set at the state or local level. For example, several states, including Illinois, Oregon, and Texas, have passed versions of the Restroom Access Law, also known as Ally's Law, which requires businesses to open their restrooms to patrons with legitimate medical needs, such as inflammatory bowel disease or Crohn's disease. This law was named after Ally Bain, a 14-year-old girl from Illinois who had a flare-up of her Crohn's disease while shopping and was denied access to the employee-only restroom.
However, businesses in states that do not require public access to restrooms may choose to keep their restrooms for employees only to save on operating costs. Additionally, some states with laws mandating public access to employee restrooms allow exceptions if providing customer access would pose a risk of injury or put the business at risk in other ways. Furthermore, businesses located within a shopping plaza, mall, or other areas with restrooms for customers' use may be exempt from providing their own restrooms.
It is important to note that businesses that choose to allow public access to their restrooms must ensure that the facilities conform to local plumbing codes, the Americans with Disabilities Act (ADA), and OSHA requirements. The ADA and OSHA requirements include guidelines for restroom accessibility, cleanliness, and safety, such as providing hot and cold running water, hand soap, and warm air blowers or individual hand towels.
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Businesses with public-facing spaces
In the United States, there is no federal legislation that requires businesses to provide public restrooms. However, several states have passed laws that require businesses with restrooms for employees to also allow customers with a legitimate medical need to use the facilities. These states include Arkansas, California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New York, Ohio, Oregon, Tennessee, Texas, Wisconsin, and Washington.
The Restroom Access Act, also known as Ally's Law, was passed in several US states after a 14-year-old girl from Illinois with Crohn's disease was denied access to an employee-only restroom while shopping, causing her to soil herself. This law requires retail establishments with toilet facilities for employees to also allow customers with medical conditions, such as inflammatory bowel disease or Crohn's disease, to use the restrooms.
In addition, publicly accessible restrooms must comply with the Americans with Disabilities Act (ADA) to ensure they can be used by all customers. Businesses that choose to open their restrooms to the public should be aware of the ADA's guidelines and make any necessary modifications to ensure accessibility for individuals with disabilities.
Furthermore, some countries and organizations have implemented programs to support individuals with medical conditions that require immediate restroom access. For example, in Australia, Crohn's & Colitis Australia (CCA) encourages businesses to recognize the "Can't Wait Card" issued to individuals with inflammatory bowel disease. Similarly, the UK has a similar voluntary program called the "Just Can't Wait Card" by the Bladder & Bowel Community. These initiatives aim to provide relief to those with medical conditions and promote inclusivity in public spaces.
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Businesses serving food
In the United States, businesses are required to provide toilet facilities for their employees. However, the same does not always apply to customers.
Businesses that serve food are subject to specific requirements regarding restrooms. Restaurants are generally required to provide restrooms for customers and employees, with separate facilities for each group in larger establishments. The number of restrooms or stalls required is determined by the size and capacity of the restaurant. For example, the standard plumbing code states that there should be one toilet for every 30 women and 30 men, while other sources suggest a ratio of 1:60 for men.
The Americans with Disabilities Act (ADA) requires that these restrooms are accessible to individuals with disabilities and meet specific design standards. For instance, doors must be mounted 36-48 inches above the finished floor and require no more than 5 lbs of force to open. Stalls and restroom doors must be lockable, with clear indicators for privacy. The restrooms must be easily accessible from the main dining areas and should not be located in basements or back rooms.
In some jurisdictions, small restaurants with limited space may be allowed to have a single unisex restroom, provided it is handicap-accessible.
Additionally, certain states have laws that require businesses with employee restrooms to allow customers with medical necessities to use them. This is known as the Restroom Access Act or Ally's Law and has been passed in at least 20 states as of 2024, including Arkansas, California, Colorado, and Illinois. However, these laws are not absolute, and businesses may refuse if allowing a customer to use the employee restroom would pose a risk of injury or jeopardize the business in other ways.
To summarize, businesses serving food are generally required to provide restrooms for customers and employees, with specific design standards to ensure accessibility for individuals with disabilities. The number and specifics of the restrooms depend on the size and capacity of the establishment, and local regulations should always be consulted.
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Medical necessity
The obligation of stores to provide restrooms to customers varies depending on the location of the business. In the United States, several states have passed laws, known as the Restroom Access Act or Ally's Law, which mandate that retail establishments with employee restrooms also allow customers to use these facilities if they have a medical condition requiring immediate access to a toilet. Examples of qualifying medical conditions include Crohn's disease, ulcerative colitis, irritable bowel syndrome, inflammatory bowel disease, and the use of an ostomy device. In some states, pregnancy is also considered a covered medical condition.
The Restroom Access Act was first passed in Illinois in 2005, inspired by an incident involving a 14-year-old girl named Ally Bain who was denied access to an employee-only restroom during a flare-up of her Crohn's disease, resulting in embarrassment and discomfort. As of January 2024, at least 20 U.S. states, including California, New York, and Texas, have enacted similar laws. These laws generally require customers to present documentation from a medical professional confirming their condition.
In Washington D.C., the Medical Necessity Restroom Access Act of 2022 was enacted to address this issue. The act includes provisions for a Medical Necessity Restroom Access Card ("MNRA Card"), which can be downloaded and completed by medical professionals to certify that their patients have eligible medical conditions requiring immediate restroom access. This card can then be presented by customers when requesting to use employee restrooms in retail establishments.
While some states have adopted these laws, it is important to note that they are not absolute. Businesses may still refuse access if allowing a customer to use the employee restroom poses a health or safety risk to the customer or a security risk to the establishment. Additionally, some small-business owners have expressed concerns about the public using their employee bathrooms. Nevertheless, the Restroom Access Act and similar legislation aim to balance the needs of customers with legitimate medical conditions while also considering the specific circumstances of each business.
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Frequently asked questions
No, not every business is required to provide restrooms for customers. However, some states have laws that require businesses that have employee bathrooms to allow customers with a medical necessity to use the employee restroom.
The Restroom Access Act, also known as Ally's Law, is legislation passed by several U.S. states that requires retail establishments that have toilet facilities for their employees to also allow customers to use the facilities if the customer has a medical condition requiring immediate access to a toilet.
A medical necessity includes conditions such as inflammatory bowel disease or Crohn's disease.
As of January 2024, at least 20 U.S. states had passed versions of the law. These include Arkansas, California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New York, Ohio, Oregon, Tennessee, Texas, Wisconsin, and Washington.
Other countries, such as Australia and the UK, have similar programs to the Restroom Access Act, but participation by businesses is voluntary.
