Requires retail establishments to allow individuals with certain medical conditions access to employee restrooms.
Summary
Assembly Bill 3626 requires certain retail establishments to let customers with specified medical conditions use employee-only restrooms during normal business hours, so long as the restroom is safe and several conditions are met. The covered medical conditions include Crohn’s disease, ulcerative colitis, other inflammatory bowel diseases, irritable bowel syndrome, and any condition requiring an ostomy device or immediate restroom access. The bill applies only when at least three employees are working, the store does not already make a restroom available to the public, and there is no immediately accessible public restroom.
The bill also states that businesses are not required to make physical changes to their restrooms to comply. It creates a limited civil liability protection for the retail establishment and its employees when they allow access in good faith, except for willful or grossly negligent conduct. A violation is treated as a petty disorderly persons offense punishable by a fine of up to $500 per violation, and enforcement would be handled by the Department of Health or local boards of health through municipal court proceedings. The measure takes effect 60 days after enactment.
Impact
If enacted, the bill would add a new public-health access requirement to Title 26 of the Revised Statutes, effectively creating a state-level restroom access mandate for qualifying retail establishments. It would impose duties on proprietors and employees to provide access under specified circumstances, while also limiting liability and exempting small filling stations or service stations of 800 square feet or less with an employee restroom. The bill would affect retailers, health departments, local boards of health, and municipal courts by establishing a complaint-and-penalty enforcement process.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the overall sentiment appears supportive of accommodating people with serious gastrointestinal and related medical conditions. The bill is framed as a public health and accessibility measure, with built-in limits intended to reduce burdens on businesses, such as no requirement for physical alterations and exceptions where safety or security concerns exist. Because there is no recorded discussion or voting history provided, there is no evidence of formal opposition or amendment debate in the available materials.
Contention
The main points of potential contention are the balance between customer access and business control, and the scope of the mandate. Retailers may object to being required to open employee-only areas to nonemployees, even with safety and security exceptions, while supporters are likely to emphasize the medical necessity for affected individuals. The bill also narrows coverage through conditions such as the three-employee threshold, the requirement that no public restroom be immediately accessible, and the exemption for certain small service stations, which may reflect attempts to address business concerns.