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    Subdivision 1. Short title. This section may be cited as the Restroom Access Act.
    Subd. 2. Definitions. For purposes of this section:
    (a) "Customer" means an individual who is lawfully on the premises of a retail establishment.
    (b) "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 restroom facility.
    (c) "Retail establishment" means a place of business open to the general public for the sale of
goods or services. Retail establishment does not include a filling station or service station with
a structure of 800 square feet or less that has an employee restroom facility located within that
    Subd. 3. Retail establishment; customer access to restroom facilities. A retail
establishment that has a restroom facility for its employees shall allow a customer to use that
facility during normal business hours if the restroom facility is reasonably safe and all of the
following conditions are met:
    (1) the customer requesting the use of the employee restroom facility suffers from an eligible
medical condition or uses an ostomy device, provided that the existence of the condition or device
is documented in writing by the customer's physician or a nonprofit organization whose purpose
includes serving individuals who suffer from the condition;
    (2) three or more employees of the retail establishment are working at the time the customer
requests use of the employee restroom facility;
    (3) the retail establishment does not normally make a restroom available to the public;
    (4) the employee restroom facility is not located in an area where providing access
would create an obvious health or safety risk to the customer or an obvious security risk to
the establishment; and
    (5) a public restroom is not immediately accessible to the customer.
    Subd. 4. Liability. (a) A retail establishment or an employee of a retail establishment is not
civilly liable for an act or omission in allowing a customer who claims to have an eligible medical
condition to use an employee restroom facility that is not a public restroom if the act or omission:
    (1) is not negligent;
    (2) occurs in an area of the retail establishment that is not accessible to the public; and
    (3) results in an injury to or death of the customer or an individual other than an employee
accompanying the customer.
    (b) This section does not require a retail establishment to make any physical changes to an
employee restroom facility.
    Subd. 5. Violation. For a first violation of this section, the city or county attorney shall issue
a warning letter to the retail establishment or employee informing the establishment or employee
of the requirements of this section. A retail establishment or an employee of a retail establishment
that violates this section after receiving a warning letter is guilty of a petty misdemeanor. The
fine for a first offense must not exceed $50.
History: 2007 c 135 art 2 s 31

Official Publication of the State of Minnesota
Revisor of Statutes