Safety and privacy in public buildings — Designation of certain rooms based on sex

Ark. Code Ann. § 22-3-2202 — under Public Buildings and Other Facilities.

Ark. Code Ann. § 22-3-2202

(a) A governmental entity occupying a public building shall designate each multi-occupancy restroom, changing room, and sleeping quarter for the exclusive use of females or males.

(b) (1) Every restroom, changing room, or sleeping quarter in a public building that is designated for the exclusive use of females or males shall only be used by a member of the designated sex.(2) A person shall not enter a restroom or changing room that is designated for the exclusive use of females or males unless he or she is a member of the designated sex.(3) A governmental entity occupying a public building shall not require a person to share a sleeping quarter with a member of the opposite sex.

(1) Every restroom, changing room, or sleeping quarter in a public building that is designated for the exclusive use of females or males shall only be used by a member of the designated sex.

(2) A person shall not enter a restroom or changing room that is designated for the exclusive use of females or males unless he or she is a member of the designated sex.

(3) A governmental entity occupying a public building shall not require a person to share a sleeping quarter with a member of the opposite sex.

(c) A governmental entity occupying a public building shall take reasonable steps to provide an individual with privacy in a designated restroom, changing room, and sleeping quarter from members of the opposite sex.

(d) This section shall not apply to a person who enters a restroom, changing room, or sleeping quarter designated for the opposite sex to:(1) Perform custodial services or maintenance;(2) Render medical assistance;(3) Perform duties arising under the course and scope of employment as a law enforcement officer, employee, or contractor;(4) Seek protection in a designated shelter area during a threat of an emergency or a natural disaster;(5) Provide aid during a threat of a natural disaster or a serious threat to good order or safety; or(6) Address, supervise, or treat athletes that the individual is overseeing as a coach or an athletics personnel member during a reasonable time before an athletic event, during an athletic event, or immediately following an athletic event if:(A) The coach or the athletics personnel member verifies that no person is in a state of undress at any time while the coach or the athletics personnel member is present; and(B) An adult other than the coach or the athletics personnel member is also present.

(1) Perform custodial services or maintenance;

(2) Render medical assistance;

(3) Perform duties arising under the course and scope of employment as a law enforcement officer, employee, or contractor;

(4) Seek protection in a designated shelter area during a threat of an emergency or a natural disaster;

(5) Provide aid during a threat of a natural disaster or a serious threat to good order or safety; or

(6) Address, supervise, or treat athletes that the individual is overseeing as a coach or an athletics personnel member during a reasonable time before an athletic event, during an athletic event, or immediately following an athletic event if:(A) The coach or the athletics personnel member verifies that no person is in a state of undress at any time while the coach or the athletics personnel member is present; and(B) An adult other than the coach or the athletics personnel member is also present.

(A) The coach or the athletics personnel member verifies that no person is in a state of undress at any time while the coach or the athletics personnel member is present; and

(B) An adult other than the coach or the athletics personnel member is also present.

(e) This section shall not be construed to prohibit a governmental entity occupying a public building from:(1) Adopting policies necessary to accommodate:(A) Persons protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2025;(B) Young children in need of assistance; or(C) Elderly persons requiring aid;(2) Establishing a single-occupancy restroom, a changing room, or sleeping quarter, or a family restroom, changing room, or sleeping quarter; or(3) Redesignating a multi-occupancy restroom, changing room, or sleeping quarter designated for exclusive use by one (1) sex to a designation for exclusive use by the opposite sex.

(1) Adopting policies necessary to accommodate:(A) Persons protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2025;(B) Young children in need of assistance; or(C) Elderly persons requiring aid;

(A) Persons protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2025;

(B) Young children in need of assistance; or

(C) Elderly persons requiring aid;

(2) Establishing a single-occupancy restroom, a changing room, or sleeping quarter, or a family restroom, changing room, or sleeping quarter; or

(3) Redesignating a multi-occupancy restroom, changing room, or sleeping quarter designated for exclusive use by one (1) sex to a designation for exclusive use by the opposite sex.