HB 456 — 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
 1   Providing for restroom access for certain customers of retail
 2      establishments; and imposing a penalty.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.    Short title.
 6      This act shall be known and may be cited as the Restroom
 7   Access Act.
 8   Section 2.    Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Customer."    An individual who is lawfully on the premises of
13   a retail establishment and who uses an ostomy device or who
14   suffers from an inflammatory bowel disease, including Crohn's
15   disease, ulcerative colitis or any other medical condition that
16   requires immediate access to a toilet facility.
17      "Retail establishment."    A place of business open to the
 1   general public for the sale of goods or services.
 2   Section 3.     Customer access to retail establishment toilet
 3                  facilities.
 4      (a)   Requirement.--A retail establishment that has a toilet
 5   facility for its employees shall allow a customer to use that
 6   facility during normal business hours if all of the following
 7   apply:
 8            (1)   The toilet facility is not located in an area where
 9      providing access would create an obvious health or safety
10      risk to the customer or an obvious security risk to the
11      retail establishment.
12            (2)   A public restroom is not immediately accessible to
13      the customer.
14            (3)   The customer provides the retail establishment with
15      evidence that the customer uses an ostomy device or suffers
16      from an inflammatory bowel disease, including Crohn's
17      disease, ulcerative colitis or any other medical condition
18      that requires immediate access to a toilet facility. The
19      customer must provide:
20                  (i)    documentation in writing by the customer's
21            physician; or
22                  (ii)    an identification card that is issued to the
23            customer by a nonprofit organization whose purpose
24            includes serving individuals who suffer from the disease
25            or condition.
26      (b)   Construction.--Subsection (a) shall not be construed to
27   require a retail establishment to make a physical change to a
28   restroom to be in compliance with subsection (a).
29   Section 4.     Penalty and jurisdiction.
30      (a)   Penalty.--A retail establishment that violates the

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1   provisions of this act is subject to a civil penalty of up to
2   $500.
3      (b)   Jurisdiction.--The magisterial district judge for the
4   jurisdiction in which the retail establishment is located may
5   impose the civil penalty authorized under this section.
6   Section 5.   Effective date.
7      This act shall take effect immediately.




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