More specifically, the request by a customer must be during normal business hours, the restroom must be “reasonably safe” and:
(1) The customer . . . suffers from an eligible medical condition or utilizes an ostomy device. 410 ILCS 39/10. Eligible conditions are those that require immediate access to a toilet facility. 410 ILCS 39/15. There is no special literature needed to prove you have a medical condition.
(2) Three or more employees of the retail establishment are working at the time the customer request. 410 ILCS 39/10. Notably, a retail establishment is “a place of business open to the general public for the sale of goods or services” but “does not include a filling station or service station, with a structure of 800 square feet or less, that has an employee toilet facility located within that structure.” 410 ILCS 39/5.
(3) The retail establishment does not normally make a restroom available to the public and a public restroom is not immediately accessible to the customer. 410 ILCS 39/10.
(4) The employee toilet facility 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 retail establishment. 410 ILCS 39/10.
While there is no private right of action for a violation of Ally's Law, a retail establishment or an employee that violates Ally's Law can be fined up to $100. 410 ILCS 39/20.
Illinois was the first state to pass a Restroom Access Act, however, since then, 14 other states have passed similar laws.
Meet Ally
“Ally’s Law” is named for NELA’s very own Allyson Bain. When she was 14-years-old, she suffered a Crohn’s flare-up while shopping at Old Navy. The manager denied her the use of the employee-only restroom, causing her an embarrassing accident. That degrading experience drove Ally and her mother to action. Ally and her mother reached out to State Representative Kathy Ryg, and eventually Ally’s Law was passed.
Ally is currently attending Northwestern University Law School. She hopes to be a voice for vulnerable communities. This summer, Ally joined the NELA family as an Intern working on legislative advocacy.
Ally continues to raise awareness of inflammatory bowel disease (“IBD”) and is advocating for a federal amendment to the American’s with Disabilities Act to provide comparable protections to the Restroom Access Act. She strives to: (1) educate eligible individuals about the protections available; (2) ensure that retail establishments comply with the law; and (3) emphasize to states without such laws the importance of such protections.