SB 219: "Restroom Access Act"; enact

Currently, Georgia retail stores are not required to let customers use employee-only bathrooms, even if a customer has a medical condition requiring quick restroom access. Senate Bill 219, called the "Restroom Access Act," would add a new chapter to Title 30 of Georgia's code (which deals with handicapped persons) requiring stores to grant that access under certain conditions. A customer would have to show a signed note from a healthcare provider stating they have an eligible medical condition, such as Crohn's disease, ulcerative colitis, another inflammatory bowel disease, irritable bowel syndrome, or a condition requiring an ostomy device. No public restroom must be immediately available, at least three employees must be working, and the bathroom's location cannot pose an obvious safety or security risk. Stores selling prescription drugs or holding health records protected by federal privacy law are exempt if the restroom is near those areas. Stores and employees who allow access are protected from liability except for gross negligence, and stores are not required to make physical changes to comply. Violating the law would be a misdemeanor.

• Creates a new legal requirement for retail stores with employee-only bathrooms to let certain customers use them if specific conditions are met.
• Defines which medical conditions qualify, including Crohn's disease, ulcerative colitis, other inflammatory bowel diseases, irritable bowel syndrome, and conditions requiring an ostomy device.
• Exempts stores from the requirement if the bathroom is near prescription drugs or protected health records under federal privacy law (HIPAA).
• Grants stores and employees legal immunity from liability for injuries connected to allowing bathroom access, unless the conduct is grossly negligent.
• Makes violating the law a misdemeanor criminal offense.
• Clarifies that stores do not have to physically alter their restrooms to comply with the law.

Retail businesses open to the public, their employees, and customers with qualifying medical conditions like Crohn's disease, ulcerative colitis, or ostomy device needs. Pharmacies and businesses holding federally protected health records are partly exempt from the requirement.

People with certain digestive or medical conditions would gain a legal right to urgent restroom access in stores that otherwise keep bathrooms employee-only, potentially avoiding embarrassing or painful situations, while stores get legal protection from lawsuits if something goes wrong during that access.

• Section 1 names the law the 'Restroom Access Act.'
• Section 2 adds Chapter 11 to Title 30 of the Georgia code, defining terms like 'eligible medical condition,' 'healthcare provider,' 'ostomy device,' and 'retail establishment' (O.C.G.A. § 30-11-1).
• Section 30-11-2 sets four conditions that must all be met before a store must grant restroom access, including a doctor's note and having three or more employees working.
• Section 30-11-2(b) exempts stores selling prescription drugs or holding HIPAA-protected records if the restroom is located near those areas.
• Section 30-11-3 grants stores and employees immunity from liability for injuries during restroom access, except in cases of gross, willful, or wanton negligence, and says stores need not make physical changes to restrooms.
• Section 30-11-4 makes violating the chapter a misdemeanor.
• 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 businesses
• public health
• medical conditions