---
title: SB 219. "Restroom Access Act"; enact
collection: bills
id: 2025-2026/sb219
cite_as: SB 219, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb219
md_url: https://georgiacommons.org/bills/2025-2026/sb219.md
text_url: https://georgiacommons.org/bills/2025-2026/sb219/text
source_url: https://www.legis.ga.gov/legislation/70558
date: 2025-02-20
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb219.md?full=1
bill_number: SB 219
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-19
last_action: Senate Read and Referred
sponsors:
- Donzella James
- Sheikh Rahman
- Gail Davenport
- Emanuel Jones
- Ed Harbison
- Randal Mangham
- Nan Orrock
- Sonya Halpern
- Kim Jackson
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB219/2025
upstream_id: 1976385
summaries_model: claude-sonnet-5
topic_tags:
- restroom access
- disability accommodations
- retail businesses
- public health
- medical conditions
---
# SB 219. "Restroom Access Act"; enact
## Text
Senate Bill 219
By: Senators James of the 28th, Rahman of the 5th, Davenport of the 17th, Jones of the 10th,
Harbison of the 15th and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped
persons, so as to provide for access to employee toilet facilities in retail establishments; to
provide for definitions; to provide for exceptions; to provide for immunity from liability
related to use of such toilet facilities; to provide for a criminal penalty; to provide for a short
title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Restroom Access Act."
SECTION 2.
Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is
amended by adding a new chapter to read as follows:
"CHAPTER 11
30-11-1.
As used in this chapter, the term:
(1) 'Customer' means an individual who is lawfully on the premises of a retail
establishment.
(2) 'Eligible medical condition' means Crohn's disease, ulcerative colitis, any other
inflammatory bowel disease, irritable bowel syndrome, or any other medical condition
that requires immediate access to a toilet facility or that requires use of an ostomy device.
(3) 'Healthcare provider' means a licensed physician, physician assistant, or nurse
practitioner.
(4) 'Ostomy device' means a medical device that creates an artificial passage for the
elimination of body waste.
(5) 'Retail establishment' means a place of business open to the general public for the
sale of goods or services.
30-11-2.
(a) Any retail establishment that has a toilet facility for employee use, which typically does
not permit customer access to such employee toilet facility, shall allow a customer to use
such toilet facility during normal business hours if the toilet facility is maintained in a
reasonably safe manner and all of the following conditions are met:
(1) The customer requesting access to the employee toilet facility presents a copy of a
written statement, signed and issued by a healthcare provider on such provider's
letterhead or of a facility with which the healthcare provider is associated that indicates
the customer suffers from an eligible medical condition;
(2) A public restroom is not immediately accessible to the customer;
(3) At the time the request for access to the employee toilet facility is made, three or
more employees of the retail establishment are working; and
(4) The employee toilet facility is located in an area of the retail establishment where
providing access would not create an obvious risk to the health or safety of the customer
or an obvious security risk to the retail establishment.
(b) This Code section shall not apply to a retail establishment that:
(1) Sells prescription drugs, if the employee toilet facility is located in an area in which
the customer might gain access to any pharmaceuticals; and
(2) Maintains records or information that is subject to the federal Health Insurance
Portability and Accountability Act of 1996, P.L. 104-191, if the employee toilet facility
is located in an area in which such records or information might be accessed.
30-11-3.
(a) A retail establishment or an employee of a retail establishment shall not be liable for
any acts or omissions in allowing a customer access to an employee toilet facility pursuant
to the provisions of this chapter, if such acts and omissions meet all of the following:
(1) Do not constitute gross, willful, or wanton negligence on the part of the retail
establishment or employee of the retail establishment;
(2) Occurred in an area of the retail establishment that is not otherwise accessible to
customers; and
(3) Resulted in injury to or death of the customer or an individual other than an employee
accompanying the customer to the employee toilet facility.
(b) No retail establishment shall be required to make any physical change to an employee
toilet facility to effectuate the purposes of this chapter.
30-11-4.
Any person who violates this chapter shall be guilty of a misdemeanor."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
Senate Bill 219 would require Georgia retail stores that have employee-only restrooms to let customers with certain medical conditions use them under specific conditions, and would shield stores from liability for doing so.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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. ยง 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.
## Status
- Status: Introduced (2025-02-19)
- Last action: Senate Read and Referred (2025-02-20)
- Sponsors: Donzella James, Sheikh Rahman, Gail Davenport, Emanuel Jones, Ed Harbison, Randal Mangham, Nan Orrock, Sonya Halpern, Kim Jackson
- Official page: https://www.legis.ga.gov/legislation/70558
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb219.md?full=1