S. B. No. 154 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 154

Senator Cates

A BILL

To enact sections 4173.01, 4173.02, 4173.03, and 1
4173.99 of the Revised Code to require certain 2
retail establishments to allow customers with 3
eligible medical conditions to use the retail 4
establishment's restrooms that are not usually 5
available to the public. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4173.01, 4173.02, 4173.03, and 7
4173.99 of the Revised Code be enacted to read as follows: 8

       Sec. 4173.01. As used in this chapter: 9

       (A) "Customer" means an individual who is lawfully on the 10
premises of a retail establishment. 11

       (B) "Eligible medical condition" means Crohn's disease, 12
ulcerative colitis, any other inflammatory bowel disease, 13
irritable bowel syndrome, or any other medical condition that 14
requires immediate access to a toilet facility. 15

       (C) "Retail establishment" means a place of business open to 16
the general public for the sale of goods or services. "Retail 17
establishment" does not include a filling station or service 18
station, with a structure of eight hundred square feet or less, 19
that has an employee toilet facility located within that 20
structure. 21

       Sec. 4173.02. (A) No retail establishment that has a toilet 22
facility for its employees shall prohibit a customer from using 23
that facility during normal business hours if the toilet facility 24
is reasonably safe and all of the following conditions are met: 25

       (1) The customer requesting the use of the employee toilet 26
facility suffers from an eligible medical condition or utilizes an 27
ostomy device. 28

       (2) Three or more employees of the retail establishment are 29
working at the time the customer requests use of the employee 30
toilet facility. 31

       (3) The retail establishment does not normally make a 32
restroom available to the public. 33

       (4) The employee toilet facility is not located in an area 34
where providing access would create an obvious health or safety 35
risk to the customer or an obvious security risk to the retail 36
establishment. 37

       (5) A public restroom is not immediately accessible to the 38
customer. 39

       (B) This section does not require a retail establishment to 40
make any physical changes to an employee toilet facility. 41

       Sec. 4173.03. A retail establishment or an employee of a 42
retail establishment is not liable in any civil action for an 43
injury or death of a customer resulting from any act or omission 44
in allowing a customer to use an employee toilet facility pursuant 45
to section 4173.02 of the Revised Code if the act or omission 46
meets all of the following conditions: 47

       (A) The act or omission is not willful or grossly negligent. 48

       (B) The act or omission occurs in an area of the retail 49
establishment that is not accessible to the public. 50

       Sec. 4173.99. A retail establishment or an employee of a 51
retail establishment that violates section 4173.02 of the Revised 52
Code is guilty of a minor misdemeanor. 53

Section 1. That sections 4173.01, 4173.02, 4173.03, and	7
4173.99 of the Revised Code be enacted to read as follows:	8

(A) "Customer" means an individual who is lawfully on the	10
premises of a retail establishment.	11

(B) "Eligible medical condition" means Crohn's disease,	12
ulcerative colitis, any other inflammatory bowel disease,	13
irritable bowel syndrome, or any other medical condition that	14
requires immediate access to a toilet facility.	15

(C) "Retail establishment" means a place of business open to	16
the general public for the sale of goods or services. "Retail	17
establishment" does not include a filling station or service	18
station, with a structure of eight hundred square feet or less,	19
that has an employee toilet facility located within that	20
structure.	21

Sec. 4173.02. (A) No retail establishment that has a toilet	22
facility for its employees shall prohibit a customer from using	23
that facility during normal business hours if the toilet facility	24
is reasonably safe and all of the following conditions are met:	25

(1) The customer requesting the use of the employee toilet	26
facility suffers from an eligible medical condition or utilizes an	27
ostomy device.	28

(2) Three or more employees of the retail establishment are	29
working at the time the customer requests use of the employee	30
toilet facility.	31

(3) The retail establishment does not normally make a	32
restroom available to the public.	33

(4) The employee toilet facility is not located in an area	34
where providing access would create an obvious health or safety	35
risk to the customer or an obvious security risk to the retail	36
establishment.	37

(5) A public restroom is not immediately accessible to the	38
customer.	39

(B) This section does not require a retail establishment to	40
make any physical changes to an employee toilet facility.	41

Sec. 4173.03. A retail establishment or an employee of a	42
retail establishment is not liable in any civil action for an	43
injury or death of a customer resulting from any act or omission	44
in allowing a customer to use an employee toilet facility pursuant	45
to section 4173.02 of the Revised Code if the act or omission	46
meets all of the following conditions:	47

(B) The act or omission occurs in an area of the retail	49
establishment that is not accessible to the public.	50

Sec. 4173.99. A retail establishment or an employee of a	51
retail establishment that violates section 4173.02 of the Revised	52
Code is guilty of a minor misdemeanor.	53