House File 2091 - Introduced HOUSE FILE 2091 BY WESSEL-KROESCHELL A BILL FOR An Act relating to civil rights by providing that denial of 1 access to a restroom by a public accommodation to certain 2 persons is an unfair or discriminatory practice. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5327YH (2) 86 tr/nh

H.F. 2091 Section 1. Section 216.7, subsection 1, Code 2016, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0b. To refuse or deny access to a restroom 3 within the public accommodation to a person with Crohn’s 4 disease, ulcerative colitis, irritable bowel syndrome, 5 any other inflammatory bowel disease, or any other medical 6 condition that requires immediate access to a restroom, or who 7 uses an ostomy device if a public restroom is not immediately 8 accessible and use of the restroom does not create an obvious 9 health or safety risk to the customer or an obvious security 10 risk to the public accommodation. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill provides that it is an unfair or discriminatory 15 practice under Code chapter 216 (the “Iowa Civil Rights Act 16 of 1965”) for a public accommodation to refuse or deny access 17 to a restroom to a person with Crohn’s disease, ulcerative 18 colitis, irritable bowel syndrome, any other inflammatory 19 bowel disease, or any other medical condition that requires 20 immediate access to a restroom, or who uses an ostomy device 21 if a public restroom is not immediately accessible and use 22 of the restroom does not create an obvious health or safety 23 risk to the customer or an obvious security risk to the public 24 accommodation. 25 Under current law, “public accommodation” means each and 26 every place, establishment, or facility of whatever kind, 27 nature, or class that caters or offers services, facilities, or 28 goods for a fee or charge to nonmembers of any organization or 29 association utilizing the place, establishment, or facility, 30 provided that any place, establishment, or facility that caters 31 or offers services, facilities, or goods to the nonmembers 32 gratuitously shall be deemed a public accommodation if the 33 accommodation receives governmental support or subsidy. 34 Public accommodation does not mean any bona fide private club 35 -1- LSB 5327YH (2) 86 tr/nh 1/ 2

H.F. 2091 or other place, establishment, or facility which is by its 1 nature distinctly private, except when such distinctly private 2 place, establishment, or facility caters or offers services, 3 facilities, or goods to the nonmembers for fee or charge or 4 gratuitously, it shall be deemed a public accommodation during 5 such period. “Public accommodation” includes each state and 6 local government unit or tax-supported district of whatever 7 kind, nature, or class that offers services, facilities, 8 benefits, grants, or goods to the public, gratuitously or 9 otherwise. 10 -2- LSB 5327YH (2) 86 tr/nh 2/ 2