SB219: SB219 "Restroom Access Act"; enact

Right now, Georgia retail stores are not required to let customers use employee-only restrooms, even when a customer has a medical condition that makes urgent access necessary. This bill, called the 'Restroom Access Act,' would change that by adding a new chapter to Title 30 of the Official Code of Georgia Annotated, the state's laws on handicapped persons. A customer with an eligible medical condition, like Crohn's disease, ulcerative colitis, irritable bowel syndrome, or a condition requiring an ostomy device, could ask to use an employee restroom if they show a signed note from a healthcare provider, no public restroom is nearby, at least three employees are on shift, and letting them in would not create an obvious safety or security risk. Stores selling prescription drugs or holding health records protected under federal law (HIPAA) are exempt if the restroom is near those items or records. Stores and employees would not be held liable for injuries in these situations unless there is gross negligence, and stores would not need to make physical changes to restrooms. Violating the law would be a misdemeanor.

• Requires retail stores with employee-only restrooms to let customers with a documented eligible medical condition use them if certain conditions are met.
• Defines 'eligible medical condition' to include Crohn's disease, ulcerative colitis, other inflammatory bowel diseases, irritable bowel syndrome, or conditions requiring an ostomy device (a device for waste elimination).
• Requires customers to show a signed statement from a healthcare provider (a physician, physician assistant, or nurse practitioner) proving their condition before accessing the restroom.
• Exempts stores selling prescription drugs or holding HIPAA-protected records if the restroom is located near those items or records.
• Shields stores and employees from liability for injuries connected to allowing this restroom access, unless there is gross, willful, or wanton negligence.
• Makes violating the law a misdemeanor criminal offense.

Retail store owners and employees who would need to grant restroom access under these rules, and customers with qualifying medical conditions such as Crohn's disease or irritable bowel syndrome who would gain a new right to request access to employee restrooms.

People with certain digestive or medical conditions often need urgent restroom access while shopping. This bill would give them a legal right to use employee restrooms in many stores, while limiting store liability and letting pharmacies and health-record areas opt out for safety and privacy reasons.

• Section 1 names the law the 'Restroom Access Act.'
• Section 2 creates new Code sections 30-11-1 through 30-11-4, defining key terms like 'eligible medical condition,' 'healthcare provider,' and 'retail establishment.'
• O.C.G.A. § 30-11-2 sets four conditions that must all be met for a customer to gain access: a healthcare provider's note, no nearby public restroom, at least three employees on duty, and no obvious safety or security risk.
• O.C.G.A. § 30-11-2(b) exempts stores selling prescription drugs or holding HIPAA-protected records if the restroom is near those items or information.
• O.C.G.A. § 30-11-3 protects stores and employees from liability for restroom-related injuries unless there is gross negligence, and confirms no physical changes to restrooms are required.
• O.C.G.A. § 30-11-4 makes violation of the chapter a misdemeanor crime.
• Section 3 repeals any conflicting laws.

1. 2025-02-20Senate Read and Referred (Senate)
2. 2025-02-19Senate Hopper (Senate)

• Donzella James (D, SD-028)Primary sponsor
• Sheikh Rahman (D, SD-005)
• Gail Davenport (D, SD-017)
• Emanuel Jones (D, SD-010)
• Ed Harbison (D, SD-015)
• Randal Mangham (D, SD-055)
• Nan Orrock (D, SD-036)
• Sonya Halpern (D, SD-039)
• Kim Jackson (D, SD-041)

• restroom access
• disability accommodations
• retail regulations
• medical conditions
• consumer protections