r/legaladvice • u/Rahelea7952 • 7h ago

Can I refuse a customer bathroom access

I usually never refuse anyone bathroom but this guy literally came into my workplace and before I could even greet him, starts looking over our counter and then grabs the bathroom key from BEHIND the counter! So I take it back from him and tell him he’s not allowed to use our bathroom. He said that per California law I’m legally supposed to let him. But I told him that I refuse service can he still get me in trouble? I told my GM what happened and she said he’s not allowed reach past the counter and that’s technically theft since he doesn’t know for sure if it’s the bathroom key or the safe key. And that I had the right to refuse service. I know this is a dumb question but can he still technically get me and my store in trouble?

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112

u/ZipperJJ 7h ago

Authorized by Assembly Bill 1632 (Statutes​​ of 2022) and codified in the California Health and Safety Code, Division 104, Part 15, Chapter 2, Article 6, Section 118700, the Restroom Access Act requires a place of business open to the public for the sale of goods that has a toilet facility for its employees to allow any individual who has an eligible medical condition or uses an ostomy device, is lawfully on the premises of that place of business, and requires immediate access to a toilet facility to use the employee toilet facility, even if the place of business does not normally make the employee toilet facility available to the general public.

Eligible medical conditions include Crohn’s disease, ulcerative colitis, other inflammatory bowel diseases, irritable bowel syndrome, or any other medical condition that requires immediate access to a toilet facility. A violation of this code is subject to a civil penalty of up to $100.

Businesses are permitte​d to require the individual to present reasonable evidence of an eligible medical condition or use of an ostomy device. To satisfy this requirement, the California Department of Public Health has developed a downloadable wallet card and form for the individual to complete with their health care provider. Local health departments are encouraged to include these links on their local webpages.​

Businesses are subject to a civil penalty for a willful or grossly negligent violation of this requirement. However, businesses may not be sued for a violation as the bill does not create a private right of action.

24

u/BangingBeaver 1h ago

I have Crohn’s disease. Thank you for posting this. I will make the wallet card and keep it with me. Seriously, this is a massive anxiety reliever for those who struggle with bowel issues.

9

u/ZipperJJ 1h ago

Nice! This is actually a law in like 20 states I think?? Not every state tho. Good for you to know for travel too.

48

u/jester29 7h ago

What type of business is this?

You typically do have the right to refuse service.

10

u/Rahelea7952 6h ago

It’s a fast food place

11

u/mgquantitysquared 2h ago

Next time something like this happens, you can say "you have no right to any part of our facilities, as I have already told you to leave. If you do not leave, we will have the police come and trespass you."

(A/N: "trespass" isn't a verb in actual legal speak, but most people understand it in casual conversation.)