SB1389 • 2026

Establishes a cause of action against business for violations of privacy in changing facilities or restrooms

Children Labor Privacy

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Schroer, Nick; House handler: N/A
Last action: 2026-01-27
Official status: Second Read and Referred S Families, Seniors and Health Committee
Effective date: 2026-08-28

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Establishes a cause of action against business for violations of privacy in changing facilities or restrooms

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1389 - This act provides that any individual may bring a cause of action against a business entity that has a policy allowing for individuals of one biological sex into changing facilities or restrooms designated for use by the opposite biological sex and in which the individual's privacy or expectation of privacy was violated in a changing facility or restroom that matched the individual's biological sex by an individual of the opposite biological sex.

What This Bill Does

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1389 - This act provides that any individual may bring a cause of action against a business entity that has a policy allowing for individuals of one biological sex into changing facilities or restrooms designated for use by the opposite biological sex and in which the individual's privacy or expectation of privacy was violated in a changing facility or restroom that matched the individual's biological sex by an individual of the opposite biological sex.
The prevailing plaintiff shall be entitled to recover nominal, compensatory, and punitive damages along with costs and attorney's fees.
As defined in this act, the terms "restroom" and "changing room" do not include a unisex restrooms or changing rooms.
Additionally, it shall be an affirmative defense if the individual that was permitted entry into a changing facility or restroom that did not match that individual's biological sex was: (1) A disabled individual or a child under the age of 13 who was accompanied, escorted, supervised, or assisted by an adult of the same biological sex as the one the changing room or restroom was designated for use; (2) An employee or agent of the business entity that enters, after a clear and understandable oral notice, to clean the room or secure or ensure the safety or well-being of individuals within the room; or (3) A first responder in the lawful performance of his or her duties.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-01-27 S245
Second Read and Referred S Families, Seniors and Health Committee
2026-01-07 S87
S First Read
2025-12-01 Missouri House of Representatives and Missouri Senate
Prefiled

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

Print

SB 1389 - This act provides that any individual may bring a cause of action against a business entity that has a policy allowing for individuals of one biological sex into changing facilities or restrooms designated for use by the opposite biological sex and in which the individual's privacy or expectation of privacy was violated in a changing facility or restroom that matched the individual's biological sex by an individual of the opposite biological sex. The prevailing plaintiff shall be entitled to recover nominal, compensatory, and punitive damages along with costs and attorney's fees.

As defined in this act, the terms "restroom" and "changing room" do not include a unisex restrooms or changing rooms. Additionally, it shall be an affirmative defense if the individual that was permitted entry into a changing facility or restroom that did not match that individual's biological sex was:
(1) A disabled individual or a child under the age of 13 who was accompanied, escorted, supervised, or assisted by an adult of the same biological sex as the one the changing room or restroom was designated for use;
(2) An employee or agent of the business entity that enters, after a clear and understandable oral notice, to clean the room or secure or ensure the safety or well-being of individuals within the room; or
(3) A first responder in the lawful performance of his or her duties.

This act is identical to SB 632 (2025).
KATIE O'BRIEN

Current Bill Text

Read the full stored bill text

SECOND REGULAR SESSION
SENATE BILL NO. 1389
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5761S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 537, RSMo, by adding thereto one new section relating to liability for violations
of privacy.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto 1
one new section, to be known as section 537.775, to read as 2
follows:3
537.775. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Biological sex", the biological and physical 3
indications of male or female in the context of reproductive 4
potential or capacity as determined by chromosomes, 5
naturally occurring sex hormones, and anatomy, and as 6
indicated on an individual's birth certificate without 7
regard to an individual's psychological, chosen, or 8
subjective experience of gender; 9
(2) "Business entity", any corporation, association, 10
firm, partnership, limited liability company, sole 11
proprietorship, or any other type of business entity in this 12
state that operates a premises, regardless of whether the 13
premises is open to the public; 14
(3) "Changing facility", a space designated for 15
multiple individuals to dress or undress within the same 16
space, including, but not limited to, a dressing room, 17
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fitting room, locker room, changing room, or shower room. 18
The term "changing facility" does not include a unisex 19
changing facility; 20
(4) "Disabled", an individual with a mental, physical, 21
or developmental impairment that substantially limits one or 22
more major life activities or the ability to provide 23
adequately for one's care or protection where such 24
impairment is verified by medical findings; 25
(5) "First responder", any law enforcement officer, 26
firefighter, paramedic, emergency medical technician, 27
advanced emergency medical technician, or other persons 28
trained and authorized by law or rule to render emergency 29
medical assistance or treatment; 30
(6) "Gender", the psychological, behavioral, social, 31
and cultural aspects of being male or female; 32
(7) "Premises", real property that includes restrooms 33
or changing facilities and that is in the sole possession of 34
and under the direct control of the business entity; 35
(8) "Restroom", a space that includes a toilet or 36
urinal. The term "restroom" does not include a unisex 37
restroom; 38
(9) "Unisex changing facility", a room intended for a 39
single occupant or family in which one or more persons may 40
be in a state of undress, including, but not limited to, a 41
dressing room, fitting room, locker room, changing room, or 42
shower room that is enclosed by floor-to-ceiling walls and 43
accessed by a full door with a secure lock that prevents 44
another individual from entering while the changing facility 45
is in use; 46
(10) "Unisex restroom", a room that includes a toilet 47
or urinal and that is intended for a single occupant or 48
family, is enclosed by floor-to-ceiling walls, and is 49
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accessed by a full door with a secure lock that prevents 50
another individual from entering while the room is in use. 51
2. Any individual may bring a cause of action against 52
a business entity that has a policy allowing for individuals 53
of one biological sex into changing facilities or restrooms 54
designated for use by the opposite biological sex and in 55
which the individual's privacy or expectation of privacy was 56
violated in a changing facility or restroom of the business 57
entity that matched the individual's biological sex by an 58
individual of the opposite biological sex. 59
3. The prevailing plaintiff of a cause of action 60
brought pursuant to this section shall be entitled to 61
recover: 62
(1) Nominal damages; 63
(2) Compensatory damages; 64
(3) Punitive damages in an amount not less than ten 65
thousand dollars; and 66
(4) Costs and reasonable attorney's fees. 67
4. It shall be an affirmative defense to an action 68
brought pursuant to this section if the individual that was 69
permitted entry into a changing facility or restroom that 70
did not match the individual's biological sex was: 71
(1) A disabled individual or a child under the age of 72
thirteen who was accompanied, escorted, supervised, or 73
assisted by an adult, who was of the same biological sex as 74
the biological sex for which the changing room or restroom 75
was designated; 76
(2) An employee or agent of the business entity that 77
entered, after a clear and understandable oral notice of 78
entry, the changing facility or restroom to: 79
(a) Clean the changing facility or restroom; or 80
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(b) Secure or ensure the safety or well-being of 81
individuals within the changing facility or restroom; or 82
(3) A first responder in the lawful performance of his 83
or her duties. 84
✓