Ch. 387                                           LAWS OF MARYLAND

(1987 Replacement Volume and 1988 Supplement)

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

Article - Health - General

24-209.

(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
allowing a customer to use a toilet facility that is not a public
toilet facility, if:

(1)  The act or omission is not willful or one of
gross negligence;

(2)  The act or omission occurs in an area of the
retail establishment that is not accessible to the public; and

(3)  The act or omission results in an injury to or
death of the customer or anyone other than an employee
accompanying the customer.]

24-210.

(A)   IN THIS SECTION, "CUSTOMER" MEANS AN INDIVIDUAL WHO IS
LAWFULLY ON THE PREMISES OF A RETAIL ESTABLISHMENT.

(B)  A RETAIL ESTABLISHMENT AND ANY EMPLOYEE OF A RETAIL
ESTABLISHMENT ARE NOT CIVILLY LIABLE FOR ANY ACT OR OMISSION IN
ALLOWING A CUSTOMER, INCLUDING A CUSTOMER AS DEFINED IN § 24-209
OF THIS SUBTITLE, TO USE A TOILET FACILITY THAT IS NOT A PUBLIC
TOILET FACILITY, IF:

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