75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 74
 
                           A-Engrossed
 
                         Senate Bill 277
                 Ordered by the Senate March 18
           Including Senate Amendments dated March 18
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires that places of public accommodation allow customer
access to employee toilet facilities if customer has certain
medical conditions. Specifies exception. Punishes violation of
requirement by maximum fine of $90.
 
                        A BILL FOR AN ACT
Relating to access to toilet facilities.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 3 of this 2009 Act:
  (1) 'Customer' means an individual who is lawfully on the
premises of a place of public accommodation.
  (2) 'Eligible medical condition' means the use of an ostomy
device or a diagnosis of Crohn's disease, ulcerative colitis, any
other inflammatory bowel disease, irritable bowel syndrome or
other medical condition that can cause a person to require access
to a toilet facility without delay.
  (3) 'Place of public accommodation' has the meaning given that
term in ORS 659A.400. + }
  SECTION 2.  { + (1) A place of public accommodation that has an
employee toilet facility shall allow a customer to use that
facility during normal business hours if:
  (a) The customer requesting the use of the employee toilet
facility suffers from an eligible medical condition;
  (b) Three or more employees of the place of public
accommodation are working at the time the customer requests use
of the employee toilet facility;
  (c) The customer presents a letter from a physician indicating
that the customer suffers from an eligible medical condition, or
presents an identification card that was issued by a national
organization that advocates for persons with eligible medical
conditions and that indicates that the person suffers from an
eligible medical condition;
  (d) The employee toilet facility is reasonably safe and is not
located in an area where providing access would create an obvious
health or safety risk to the customer or an obvious security risk
to the place of public accommodation; and
  (e) A public restroom is not immediately available to the
customer.
  (2) This section does not apply to a gas station, as defined in
ORS 646.932, with a building of 800 square feet or less. + }
  SECTION 3.  { + (1) Places of public accommodation, and
employees of places of public accommodation, are not liable for
any damages suffered by a customer, or by any person accompanying
a customer, while using an employee toilet facility pursuant to
section 2 of this 2009 Act unless the damages are the result of
an intentional tort or gross negligence.
  (2) A place of public accommodation is not required to make any
physical changes to an employee toilet facility by reason of
section 2 of this 2009 Act. + }
  SECTION 4.  { + Violation of section 2 of this 2009 Act is a
Class D violation. + }
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