An Act providing for restroom access for certain customers of retail establishments; and imposing a penalty.

PRINTER'S NO. 438
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 456
Session of
2025
INTRODUCED BY HILL-EVANS, GIRAL, KHAN, KENYATTA, GILLEN, CEPEDA-
FREYTIZ, SANCHEZ, HANBIDGE, DALEY AND WARREN,
FEBRUARY 3, 2025
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 3, 2025
AN ACT
Providing for restroom access for certain customers of retail
establishments; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Restroom
Access Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Customer." An individual who is lawfully on the premises of
a retail establishment and who uses an ostomy device or who
suffers from an inflammatory bowel disease, including Crohn's
disease, ulcerative colitis or any other medical condition that
requires immediate access to a toilet facility.
"Retail establishment." A place of business open to the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
general public for the sale of goods or services.
Section 3. Customer access to retail establishment toilet
facilities.
(a) Requirement.--A retail establishment that has a toilet
facility for its employees shall allow a customer to use that
facility during normal business hours if all of the following
apply:
(1) The toilet 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
retail establishment.
(2) A public restroom is not immediately accessible to
the customer.
(3) The customer provides the retail establishment with
evidence that the customer uses an ostomy device or suffers
from an inflammatory bowel disease, including Crohn's
disease, ulcerative colitis or any other medical condition
that requires immediate access to a toilet facility. The
customer must provide:
(i) documentation in writing by the customer's
physician; or
(ii) an identification card that is issued to the
customer by a nonprofit organization whose purpose
includes serving individuals who suffer from the disease
or condition.
(b) Construction.--Subsection (a) shall not be construed to
require a retail establishment to make a physical change to a
restroom to be in compliance with subsection (a).
Section 4. Penalty and jurisdiction.
(a) Penalty.--A retail establishment that violates the
20250HB0456PN0438 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
provisions of this act is subject to a civil penalty of up to
$500.
(b) Jurisdiction.--The magisterial district judge for the
jurisdiction in which the retail establishment is located may
impose the civil penalty authorized under this section.
Section 5. Effective date.
This act shall take effect immediately.
20250HB0456PN0438 - 3 -
1
2
3
4
5
6
7