HF 2091 (LSB 5327YH (2) 86)

HOUSE FILE 2091

BY  WESSEL-KROESCHELL

A BILL FOR

An Act relating to civil rights by providing that denial of access to a restroom by a public accommodation to certain persons is an unfair or discriminatory practice.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 216.7, subsection 1, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0b.  To refuse or deny access to a restroom within the public accommodation to a person with Crohn’s disease, ulcerative colitis, irritable bowel syndrome, any other inflammatory bowel disease, or any other medical condition that requires immediate access to a restroom, or who uses an ostomy device if a public restroom is not immediately accessible and use of the restroom does not create an obvious health or safety risk to the customer or an obvious security risk to the public accommodation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that it is an unfair or discriminatory practice under Code chapter 216 (the “Iowa Civil Rights Act of 1965”) for a public accommodation to refuse or deny access to a restroom to a person with Crohn’s disease, ulcerative colitis, irritable bowel syndrome, any other inflammatory bowel disease, or any other medical condition that requires immediate access to a restroom, or who uses an ostomy device if a public restroom is not immediately accessible and use of the restroom does not create an obvious health or safety risk to the customer or an obvious security risk to the public accommodation.
   Under current law, “public accommodation” means each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods for a fee or charge to nonmembers of any organization or association utilizing the place, establishment, or facility, provided that any place, establishment, or facility that caters or offers services, facilities, or goods to the nonmembers gratuitously shall be deemed a public accommodation if the accommodation receives governmental support or subsidy. Public accommodation does not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the nonmembers for fee or charge or gratuitously, it shall be deemed a public accommodation during such period. “Public accommodation” includes each state and local government unit or tax-supported district of whatever kind, nature, or class that offers services, facilities, benefits, grants, or goods to the public, gratuitously or otherwise.