Ally's Law (pt. 3)

How large does the umbrella need to be?

Over the past 3 weeks I've thought (and written) a lot about Ally's Law (a.k.a. the Restroom Access Act) and how such a law might also be of benefit to other "special" groups. I've also learned a few things about those individuals (mostly small business owners) who oppose passage of the law, and that's what I'd like to cover this week.

The group that Ally's Law is designed to serve accounts for a thankfully small percentage of the population. I can't imagine any business owner being asked to comply more than once or twice a month. So, what exactly are the objections to it's passage? For one, business owners worry about insurance concerns related to allowing non-employees to use facilities which may not be up to "public access" or ADA codes. Ally's Law addresses this with a provision that exempts business owners whose facilities are not readily accessible, or if compliance would pose a significant financial burden to make them fully accessible. Another objection has to do with security issues. This too has been addressed. A business may claim itself exempt if there are less than two employees (some versions of the law allow three) available to keep an eye on things (figuratively speaking, one hopes) while the customer uses the restroom. There is also an exemption if the restroom area is used to store inventory. Creepy thought, that.

There are other issues as well, such as what to do with children while mommy or daddy use the restroom (most employee facilities are too small for more than single occupancy, it seems) and of course, the logistics of keeping up with the law, and verifying exactly who qualifies and who does not.

Now, all of these are valid concerns, and I expect they will be addressed as Ally's Law moves forward, and is revised over time. I for one do not believe in a perfect law, and I admit that this one in particular is going to need a bit of fixing up before it's ready for prime time. That said, I'd rather have to fix a broken law than wait for a "perfect" version, so I'm still firmly behind (no pun intended) Ally's Law.

So who currently benefits from Ally's Law? In the eight or so states which have already passed it, it covers two general classes of individual. Persons with a form of IBD, and pregnant women. Both require written proof of their eligibility under the law, and must provide that proof upon request before gaining admittance to an "employee-only" restroom (assuming public facilities are not available -- another exemption.)

Now, I think Ally's Law is necessary, and I think we need to pass it nationwide as soon as possible, but I'm also left pondering those persons excluded by the Restroom Access Act. Individuals with certain disabilities would certainly qualify as "needful" in the "gotta go now" category, would they not? How do we exclude the blind, the wheelchair bound, and those with other physical limitations that make rapid navigation to a (hopefully) nearby public restroom infeasible? Ultimately, we won't be able to, and perhaps this is the real fear lurking behind the resistance to Ally's Law. If the Ally's Law "placards" end up being anything like the disabled parking placard program has become, we're all in trouble. I hope we've learned from that past mistake.

Side Note: While we wait (somewhat impatiently) for Ally's Law to wind its way through the system, the topic of where to find a "clean" public restroom still looms large on the horizon for all of us. This is especially true of travelers, who each summer around this time begin planning trips across country, where restroom location, and suitability, are always in question.

Enter a project sponsored by Charmin, called SitOrSquat.com. It's an ever-growing online database, powered by Google map technology, that allows you to locate restroom facilities near to your current location, and rate them on their cleanliness as well as read the ratings of others. The project is still new, but growing, and I expect it will do well, given the obvious need for this type of information. Support it if you can. I know I will.

Ally's Law (pt. 2)

More on the Restroom Access Act.

Last week I shared the story of teenager Ally Bain who (along with her mother and Illinois state Rep. Kathleen Ryg) worked to pass a law that provides access to normally restricted restrooms for those with certain medical conditions such as IBD, Crohns and Colitis. This law, now known as Ally's Law, has gone on to be passed in several other states, and is being considered by the state legislators of at least 8 others. A national law is a distinct possibility.

Ohio is one of the states currently considering this legislation, and as a disabled person with Colitis I look forward to its passage with an even greater degree of anticipation than most. If there is anything more distressing than having a form of IBD (Irritable Bowel Disease) it would have to be having IBD along with a disability which impairs your mobility.

For those who are unaware, IBD (along with Colitis and Crohns) causes a sudden and uncontrollable need to use the restroom, often with unpleasant results if such access is unavailable. It affects your life in a very insidious way, often forcing you to plan your daily activities based almost entirely on the location and availability of public restrooms. Since developing Colitis over 20 years ago, I have not been to a single sporting/stadium event. Outdoor events like our annual "Rib-Off" are also problematic. Independence Day firework displays? Forget it.

This is what makes Ally's Law so important. I have been where Ally was, and it's no picnic. On more than one occasion I have been denied access to a readily available restroom because "it's for employees only" or "our insurance forbids it." I have had to abandon a cart filled with merchandise in the store while I rushed out in search of a nearby restaurant, just to use their public restroom. Rarely did I feel like returning for my abandoned items. I wonder if anyone has ever calculated the loss to a business due to refusal to allow bathroom access? I'm betting the cost is higher than one might suspect.

So we need Ally's Law, and we need it on a national level. I plan to get involved with this issue... starting right here in Ohio... and then I'm moving on from there. I hope I can count on your support when this comes up for a vote where you live.

Next week: Ally's Law part three, where I discuss other disabilities, and how they too deserve inclusion under the protective umbrella of the Restroom Access Act. Until then, please feel free to share my blog with others. It's just one man's opinion, but it's where I sit. :)

Ally's Law

(a.k.a. The Restroom Access Act)

On March 31st of this year, Michigan became the fourth state (after Illinois, Minnesota and Texas) to pass the Restroom Access Act -- sometimes also known as "Ally's Law" -- named after Ally Bain, who helped bring Crohns, Colitis and IBD into the national spotlight by sharing her story.

The following excerpt is reposted from CrohnsAndMe.com.

Ally Bain, a Crohn’s patient and teenager, experienced something that changed her life. While at a national retail clothing chain store with her mother, she suddenly had to use the restroom. They quickly ran to a manager to ask to use the employees-only restroom. But Ally was denied access and had an accident in the store. As she and her mother drove away, they vowed to never let that happen to anyone again.

With her family, friends, and State Rep. Kathleen Ryg, Ally worked to get a new law passed in Illinois. The law requires businesses to make employee-only restrooms available to people with inflammatory bowel disease and other medical conditions such as pregnancy and incontinence. The law states:

A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if the toilet facility is reasonably safe and all of the following conditions are met:

1. The customer requesting the use of the employee toilet facility suffers from an eligible medical condition or utilizes an ostomy device.
2. Three or more employees of the retail establishment are working at the time the customer requests use of the employee toilet facility.
3. The retail establishment does not normally make a restroom available to the public.
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.
5. A public restroom is not immediately accessible to the customer.

Currently there are eight more states (that I'm aware of) which are working to pass this bill into law. Those states are, in no particular order, Delaware, Florida, Kentucky, Massachusetts, New York, Pennsylvania, Tennessee and Ohio.

If you live in one of these states, please write to your representatives and show your support for this important legislation. For an easy online form to help you help us (I've suffered with Colitis for over 20 years, so trust me, we do need this) please visit the following page. Don't live in a state with pending legislation? You can also help by writing to your representatives and suggesting that they sponsor the bill, or just become an advocate by going here. Thank you.

This law is a great first step, but like all first steps, there's always more that needs to be done. Bathroom access is an issue important to anyone with a disability, not just someone with a form of IBD. Once in place nation wide, I feel that Ally's Law needs to be extended to cover other disabilities... but more on that next week. Until then, please let's keep using our voices to create positive change. We can do it. If we won't, who will?