Ch. 351                                LAWS OF MARYLAND

CHAPTER 351

(Senate Bill 413)

AN ACT concerning

Retail Establishments - Toilet Facilities - Use by Customers

FOR the purpose of requiring certain retail establishments that
have a toilet facility for employees to permit a customer to
use the facility under certain circumstances; defining a
certain term; providing immunity from civil liability under
certain circumstances; and generally relating to the use of
certain toilet facilities by certain individuals in retail
establishments.

BY adding to

Article - Health - Environmental

Section 11-209

Annotated Code of Maryland

(1982 Volume and 1986 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - Environmental

11-209.

(A)  IN THIS SECTION "CUSTOMER" MEANS AN INDIVIDUAL WHO:

(1)  SUFFERS FROM CROHN'S DISEASE, ULCERATIVE COLITIS
OR ANY OTHER INFLAMMATORY BOWEL DISEASE, OR ANY OTHER MEDICAL
CONDITION THAT REQUIRES IMMEDIATE ACCESS TO A TOILET FACILITY; OR

(2)  UTILIZES AN OSTOMY DEVICE.

(B)  AT THE REQUEST OF A CUSTOMER, AND WHERE A PUBLIC
RESTROOM IS NOT READILY AVAILABLE, EACH RETAIL ESTABLISHMENT WITH
20 OR MORE EMPLOYEES THAT HAS A TOILET FACILITY FOR ITS EMPLOYEES
SHALL ALLOW THE CUSTOMER TO USE THE FACILITY.

(C)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION, AN
EMPLOYEE TOILET, FACILITY IS NOT TO BE CONSIDERED A PUBLIC
RESTROOM.

(D) A RETAIL ESTABLISHMENT AND ANY EMPLOYEE OF A RETAIL
ESTABLISHMENT ARE NOT CIVILLY LIABLE FOR ANY ACT OR OMISSION IN

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