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Restroom law

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Agent Smith

Junior Member
Colorado

Not sure what subforum this belongs in as I'm certainly not a lawyer and this one might be where this topic belongs. If not, feel free to move. Apologizes in advance.

So I recently had my gallbladder removed and as a consequence I get diarrhea from time to time. I was thinking that if I was at a restaurant and needed to go NOW and the men's stalls are all occupied, could I use the woman's restroom in an emergency? Granted, this state has transgender laws about restrooms, but I'm not transgender so I don't fall under that banner.

If it is legal to use the woman's restroom, can I be told what law it is so that I can keep it in my wallet please? Thanks in advance!
 


FlyingRon

Senior Member
Sorry, X. Incorrect in Colorado. The law bars restriction based on sex regardless of whether there is a transgender issue. CRS 24-34-601. While this was generally characterized as the "transgender bathroom bill" it goes beyond that.


CRS 25-41-101 does give you right to use the employee bathroom.
 

xylene

Senior Member
I'd like to see the case law establishing persons with urgent diarrhea as a protected class.

Or maybe not.
 

Taxing Matters

Overtaxed Member
Sorry, X. Incorrect in Colorado. The law bars restriction based on sex regardless of whether there is a transgender issue. CRS 24-34-601. While this was generally characterized as the "transgender bathroom bill" it goes beyond that.
Sorry, Ron, but you are not correct. You are reading the statute more broadly than it actually applies. The statute certainly allows a transgender person to use the restroom facility that conforms to the gender he or she identifies with. That does not mean that anyone can use any restroom he or she wants to use. The law does not prevent segregation of facilities like restrooms, locker rooms, dressing rooms, etc on the basis of sex. And the Colorado Civil Rights Division (CCRD), the agency that enforces this law, makes that point explicitly in its advisory on transgender access to restrooms: "There is nothing in the CADA that prohibits the segregation of these facilities on the basis of sex." CADA refers to the Colorado Anti-Discrimination Act.

CRS 25-41-101 does give you right to use the employee bathroom.
That it does. I was a supporter of that bill when it was in the process of being enacted as I have one of the listed conditions in the Act and know all too well how significant prompt access to a restroom can be. So being able to use the employee restroom when there is no restroom for customers available is certainly helpful. But I can't go bursting into a woman's restroom just because all the toilets in the men's restroom are occupied — something I'm sure any women in those restrooms are thankful for. ;)
 

Taxing Matters

Overtaxed Member
I'd like to see the case law establishing persons with urgent diarrhea as a protected class.
Well, having urgent diarrhea is not itself a protected class, of course, but the condition giving rise to that urgent need may well be a disability and persons with disabilities are protected from discrimination by places of public accommodation both under the federal ADA and CADA. But that protection still doesn't give the disabled person the right to use just any restroom he or she wishes to use.
 

Agent Smith

Junior Member
Sorry, X. Incorrect in Colorado. The law bars restriction based on sex regardless of whether there is a transgender issue. CRS 24-34-601. While this was generally characterized as the "transgender bathroom bill" it goes beyond that.


CRS 25-41-101 does give you right to use the employee bathroom.

So should I keep CRS 24-34-601 in my wallet in case I do need to use the woman's restroom?
 

Taxing Matters

Overtaxed Member
So should I keep CRS 24-34-601 in my wallet in case I do need to use the woman's restroom?
It's a long statute, but you could carry it if you want. The problem is, that statute does not give you the right to use the women's bathroom. So I don't see it doing you any good. Carrying the copy of the law that allows you to use the employee's restroom when there is no customer restroom to use would be more useful.
 

cbg

I'm a Northern Girl
I would just like to bring to the attention of the OP that, due to the fact that the male gender got the more user-friendly plumbing system, it is a rare thing indeed when all the stalls in the men's restroom are occupied but the women's restroom is free. It's far more likely to be the other way around.
 

stealth2

Under the Radar Member
I would just like to bring to the attention of the OP that, due to the fact that the male gender got the more user-friendly plumbing system, it is a rare thing indeed when all the stalls in the men's restroom are occupied but the women's restroom is free. It's far more likely to be the other way around.
Of course, most men's rooms have fewer stalls...
 

justalayman

Senior Member
I hate to scare the op but if his urgency is anything like mine was, once he realizes the men’s room is full, exiting and attempting to find and then use the employee restroom, before it’s too late to benefit him, if they even have a separate restroom, is probably not going to happen. Urgency is too gentle of a word for what I experienced.

Creative use of a urinal would likely be the ops best option.

Post cholecystectomy life requires advance planning. You map out all restrooms well before needed. When traveling, depends may even be a good idea. Being aware of your diet and especially any foods that trigger issues more than others is wise.
 

Agent Smith

Junior Member
Pretty unreal that a state wouldn't make a law that accommodates both male and female in case of an emergency restroom visit.
 

ShyCat

Senior Member
Pretty unreal that a state wouldn't make a law that accommodates both male and female in case of an emergency restroom visit.
Such a ridiculous law would provide cover for any pervert who wanted to enter women's bathroom. "It was an emergency!" would be an awfully convenient (and hard to disprove) excuse.
 
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