New Law A Day: Tennessee's Restroom Access Act

As someone who is working with my Washington State representative to introduce a restroom access act in the upcoming legislative session next January, I applaud the efforts of those in Tennessee who had the courage and compassion to work for passage of this much needed bill.

For the few individuals who see this as a law that makes no sense, the person who stated "just wear depends," or anyone else out there who doesn't understand what this law means, listen up.

As someone who suffered from Crohn's disease as a teenager and was misdiagnosed for nearly two years, I collapsed in highschool and weighed 62 pounds at age 17. Let me draw a picture of what my life was like: incredible abdominal pain that was so severe it took my breath away and pin points of light danced in my eyes, severe weight loss due to massive bouts of diarreah that became progressively worse as the disease marched relentlessly through my colon and rectum, making any amount of "control" impossible, fevers, rectal bleeding, loss of appetite, delayed secondary growth and development, and two bowel resections over an eight year period. As the disease progressed my life changed to accommodate the steady assault. I wouldn't wear shorts because if I had an accident, others would immediately see. I stopped wearing white pants or skirts--again, a dark, wet stain is instantly visible on white. I was terrified to be spontaneous and take a leisurely walk in the park, or go camping. Where would a bathroom be in the middle of a park or on a hiking trail? A leisurely trip to the mall to window shop or try on clothes filled me with fear. Again, what if I had an accident while trying on clothes? I could never sit through a movie or a dinner in a resturant without having to use the restroom at least once. Every waking thought was centered around wondering where the bathroom was where ever I went, would it be occupied, would I be able to reach it in time, and if not, how would I hide the accident from those around me. The sense of fear, embarrassment, shame, and self loathing I felt were unbearable. Only close friends knew what I went through. I carried spare pantyhose and underwear with me at all times. I was terrified if the bus I was riding encountered traffic jams...what would I do if I needed to use the bathroom? How would I hide the inevitable accident on a crowded bus? The walls of my world gradually closed in until the only place I felt secure was in my own home, in my own bathroom.

I personally know the young girl in Chicago who was denied access to a bathroom in an Old Navy store. I have met her mother. I know the humiliation that young girl felt when she had that accident in the store because I've been there. And I know the courage it took to speak out and share that humiliation and then to work for passage of a rest room acces act in Illinois.

Those of us with Crohn's disease, ulcerative colitis, IBS, an ostomy, or other medical conditions that require immediate access to a restoom are not going to ask to use a retail bathroom unless it is absolutely necessary. And there isn't going to be a "run" on these bathrooms by the general public. We aren't going to dirty your bathrooms, either. We have a very real disability, it just happens to be on the inside and not clearly visible. I used to joke that I should carry around a picture of my insides to show people my diseased colon and rectum. I also used to joke that my worst nightmare was arm wrestling an 80 year old woman for a vacant bathroom stall.

Trust me, we aren't going to willy nilly ask to use a retail restroom unless it is absolutely necessary. I've been in some bathrooms "reserved" for employees, and if I worked there, I'd be shocked at how dirty they are. We aren't going to make more work for you, either. Because I was so embarrassed and ashamed, I made sure when I used a "restroom reserved for employees" I left it in the same condition I found it. And we aren't asking to use your private, home bathroom.

This law IS needed for the simple fact there are individuals who did and continue to refuse access to a bathroom to someone with a medical condition that makes "holding it" to the public bathroom a block away an impossibility. So, we have these humane and needed laws or those of use with these medical conditions have a lovely accident in your store. Oh and if we stay home, then you lose out on revenue spent in your store. Where does that money "go" then? To an internet site out of state.

For those of you still not convinced, I hope for your sake you never get food poisioning, eat food tainted with e-coli, or get Montezuma's revenge, or c-dif. See how much control you have when you have "to go" and can't make it in time to a bathroom because you've been denied access to one in a store. Isn't the humiliation, shame and embarrassment fun when you have that accident, poop in your pants and everyone around you is staring at you?

Still think this law isn't needed?

Mark H cited the TN Building Code, but building codes cover only public spaces. Businesses are privately owned, although in order to do business they allow the public (ie: customers/clients) to enter and use the space.

Linda Aukett
Advocacy Chair
United Ostomy Associations of America, Inc.

I have read all these comments, and think, if someone has this disease that causes uncontollable bowel movements, by all means, they should be allowed to use any bathroom anywhere, other than a private home. I once had no idea what it would be like to suffer such a condition. But as of March 2007, I had 2 strokes, which thank God I have recovered pretty well from, but they have left me with a partial numbness on the right side of my body. I still have control of my bladder and bowels, but it has changed the function of both. Sometimes just all of a sudden, I instantly need to use of a bathroom, and when that need strikes, its there. The numbness leaves me without as much control, i guess on the inside. And my oldest daughter has always been one, that has to go immediately,I'm gonna suggest her being checked for this disease, you all speak of, because she has diaerrha way to often. Anyway my feelings to be exact on this matter, is.. disease or not, at some point in our lives, we are all gonna experience a time that for some reason or the other, we are find ourselves in the position of "i can't wait". Who hasnt? I fail to see how or why, people couldnt or wouldnt have compassion for one each other about something such as this. It is a bodily function, something we all have to do..what is up with people? Bu t I also fail to see how people can be so ignorant as to abuse the priviledge of having public bathrooms, and just be so nasty in them. I bet when judgement day comes, God isnt gonna ask "did you provide a restroom for your employees?" I believe it will be more like "did you do all you could to help others, in every situation, that you had an oppurtunity to help in? Therefore, adjusting yourself to be as God like as you could?" Thats what its all about people, how much you give of yourself with what He has allowed you to be blessed with. Nothing you have, or nothing you are, do you have because you did it all by yourself. He allowed you these things, so you would have the oppurtunity, to share them with others, just as He shared them with you. If you fail in doing so, then He want be able to give you the great rewards He has in store for you. I can only imagine, how terrible that would be. All from thinking some such, as that bathroom "is mine, I dont have to share" or "help this person in need." Remember this,-you never know when you may cross paths with an Angel, or whether God Himself may have put that person, in need in your path that day..just to see who you are....

i guess my point is being missed. our work non ublic bathroom is cleaned 2 times a week so do you want to use a bathroom that is not cleaned more than that?? and most businesses that are resturants have someone that cleans them several times a day as you have to when the "public" uses them because the people that use them abuse them because they dont have to clean them. so when a business has to provide a bathroom for the public then whos going to have to clean it? well i know it will end up being one of the employees that works there and when i hired on i didnt hire on for janitorial duties and i dont think i should have to to give you mr public some where to crap its bad enough having to share with fellow employees much less with strangers-- that is my point about letting someone off the street use your own personal toilet-- no where does common sense tell you all businesses should provide a public toilet-- the backlash of costs will be enormous on the general public so you will pay dearly for a few people to have something that that is there just not right at their fingertips

so if you have ibd then wear a depends if you go out.... you have no control over your bowels and you want to go on my toilet?? think again people if you go out in public then be prepared do you take a baby out with out being prepared?? come on people your right to YOUR convenience is not to over ride my rights....

This Act is a huge stride in assisting those of us with IBD and/ or ostomies. Too often I have been in the uncomfortable position of having to use the restroom (I have Crohn's Disease) and being denied access. What is the consequence? Well, I can't hold it like a normal person... and more often than not, excrement will come out and fill my pants. There is nothing worse than having this sense of imminent doom and knowing that it could have been avoided. More states should follow suit here. There is NO reason why those of us with invisible disabilities should continue to suffer in silence and should have to worry about what might happen if we leave our homes (and trusty toilets) and venture out into the world...

There is little worse than having Crohn's disease and being in immediate need of a bathroom and having some store clerk refuse to allow it. I've been left standing in front of that clerk, in complete misery and pain, terrified that I would lose bowel control before I could find another, more friendly spot. Loss of bowel control is a real fear; it could, and has, happened. It isn't pretty. It's humiliating. I wouldn't be asking if it wasn't urgent and necessary. It isn't my idea of fun to have to use some filthy room stocked with mops and buckets and NO toilet paper, I do it because I must. Having a law on the books allowing me access to a toilet in my moment of desperation is my idea of right.

Poop is a body function. We take it for granted. Except when you cannot take it for granted. What if your intestines were so disease ravaged via a (NON COMMUNICABLE) auto immune condition such as an Inflammatory Bowel Disease, or, you are being treated for colon cancer, or, the medications you are taking for MANY CONDITIONS ... create bowel URGENCY. How many medication commercials and pharmacy instructions say COULD CAUSE DIARREAH?

All of them!

Most serious illnesses, chronic or curable involve continence issues as a course of treatment. Ever have chemotherapy? How would you like it if your mom, dad, child or spouse was in dire need of a restroom? Would you think the law a waste of time if you thought for a minute about yourself, or one of your own beloved people being humiliated and refused the use of a bathroom.

And - YES - people DO ask nicely. WE ARE TURNED AWAY routinely. Minimum wage workers are scared to death to lose their jobs. They only know how to say NO.

Would it be nice if people were automatically compassionate and allowed use when someone was obviously brave enough to ASK in the first place and said it was URGENT? Yes, it'd be great. Does believing that good will is enough incentive? Nope, it ain't!

Or - would you rather have them have an accident in front of you in the middle of your establishment? And being one of those people with Crohn's for 34 years, and an ileostomy for 21 years - I have been refused bathroom access more times than I can count. I have been humiliated when I had a colon still - and have done the unthinkable.

Picture yourself as a teen and losing your function in public. Picture that happening to YOUR CHILD.

When you gotta go - you DO gotta go. Ostomy appliances are not a big deal. If you Googled an image of what it is, what it is for - you would not be so freaked out.

Not that it is publicized, but do you wonder about Farrah Fawcett's colon cancer struggle? Would you like her to die earlier than she should? Perhaps, altho, it is none of our business, this Icon of Sex Goddess is sporting an ostomy appliance to save her life?

Take the fear and the shame away for a second of body function. Poop has to happen. Our bodies are machines. Parts break down. Science has caused after market parts replacement in the way of ostomy appliances.

Comics, commercials, reporters, radio jocks, and everyone uses BODY FUNCTION HUMOR. So - why be ashamed to speak about it? You have Jamie Lee Curtis doing adverts for yogurt to regulate your bowel function. You have Katie Couric and other celebrities speaking out for colon cancer screening.

The Bathroom Access law was passed because there was a need to do the right thing. Each state is making this legislation debate possible. YOUR MONEY IS NOT BEING USED - funds were raised to promote the laws, reason and juice behind getting it done.

If your utilities commissions can lobby with YOUR MONEY to raise your utility bills, why should you care if money, NOT out of your pocket - was raised over YEARS to make this law possible in every state?

Manners and good behavior has gone down the toilet in the last 20 years of this society. Be glad a 'dumb law' like this exists to save YOUR dignity. Because, you never know when it could be you, or someone you love in need.

You wanna talk gross or germ spreading? People are PIGS in public restrooms. How about a bar where you don't know what you are wading through. How about a discount store when the fog is so thick, your eye brows burn off? GERMS? You think sick people have more germs than healthy people? Believe me, using an employee bathroom is a concern for me too - but I can Purell myself from stem to stern if the kindness was extended when I needed it.

There are approximately 2 million people in the United States afflicted with Inflammatory Bowel Disease which includes Crohn's Disease and Ulcerative Colitis. Without going into detail, those of us afflicted with this disease MUST have access to bathroom facilities immediately when the need arises. If we are denied access, accidents can and do happen. All we ask is that businesses, not private homes, provide us with bathroom facilities in an emergency. Is that too much to ask? Have people been denied access to a restroom when they told employees this is indeed an emergency? YES!!! That is why this law is necessary.

I am glad to learn that the Tennessee lawmakers have compassion for the thousands of citizens who have ostomies and other medical conditions that might lead to the immediate need for restroom access. Illnesses like ulcerative colitis, Crohn's Disease and diverticulitis can literally tie one to ones home when they are flaring up, making it difficult to work, shop or carry on any kind of normal life. (None of those are catching, by the way.) An incident in a retail shop was the impetus for this bill, when a mother asked nicely if her teen-aged daughter - suffering from Crohn's - could use their restroom. The manager said no, the girl couldn't hold it, and he ended up with a carpet cleaning bill and the sort of notoriety that nobody ever wants. This law, like ones being passed in states across the US, will go a long way to help all of us be more active participants in the life of the state.

Disabilities come in many forms. One would not, often, think of the need for a toilet at the drop of a hat a disability. But, being a person who has battled Crohns disease for many years, it is a great disability. It is very humiliating, first of all, to even have to ask to use the restroom where you know it is not allowed. It is not very dignified to live your life only going where you know there are restrooms.
This Act allows some freedom and some ability to live life as those who are not afflicted with this disease are able to. With this Act, if it can get passed Nationally, it gives those of us who have needs that one would not see as 'important' the ability to better blend with society and function. Crohns disease is a disease that is , to some who don't have it, best described as the worlds worst food poisoning or flu bout that one has ever had. Imagine living with that daily. Imagine being afraid to leave ones house because you may be denied a restroom when you are about to soil yourself because there is great pain and,often, the inability to 'hold' it long enough to find that closest bathroom. Imagine being out with a loved one of yours who may have this illness, or another that is similar, and having them denied access to a toilet that you KNOW is within a few feet. In turn, you watch them try to struggle to get to the closest one and not make it.
This Act is very important. It is worth the time and efforts, and even the dollars needed to get these in place all over the United States. Disabilities come in all shapes, sizes and forms. For those who are in true need of it, it is not much different than access for those who cannot use their legs or don't have the ability to use stairs. This Act will enable many, who are fearful of leaving their homes, to leave their homes and not worry about where the closest bathroom is.
So, yes school lunch improvement is important, the fact that facilities may not want to keep a restroom clean (though their employees would probably love a clean toilet now and then) and there are many things that need attention in "This day and age", this is something that is very important as well. The passing of this marks a monumental improvement in the 'living' aspects of one with these illnesses.

Like almost all States, Tennessee's State Building code already has this requirement.

403.6 Customer facilities. Customers, patrons and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization.

This proposed law actually undermines the building code since the existing code doesn't contain 'conditions'

this is just a way of getting money in who's pockets??? just any kind of law to pass to get that money for WHO??????????? I would like to know who sits around and thinks of all these stupid ideas. They must not have anything better TO Do.

I cannot belive in this day and time how stupid does the tennessee gov.think we are ? use that money you just waste on passing a barthroom law and take care of the free lunch progam for our kids or buy some up dated school books !!! for the love of GOD are all our elected people in Nahville out to lunch thank you

what is up with this law?? in this day and age of many businesses having to have their bathrooms cleaned once or twice a week only who in their right mind would want some stranger going in your workplace bathroom and doing who knows what and spreading who knows what kind of diseases..... this is a law that makes no sense whatsoever-- would you open your own bathroom at home up to a stranger?? mister lawmaker... is it a fine to refuse someone that stops at your house also???.... sounds like a law that needs to be rethought since it seems none was done previously.