Remedies

Ark. Code Ann. § 22-3-2203 — under Public Buildings and Other Facilities.

Ark. Code Ann. § 22-3-2203

(a) A person in a restroom or changing room designated for use by his or her sex who encounters a person of the opposite sex has a private cause of action for damages, if the governmental entity is a political subdivision of the state, and declaratory and injunctive relief against the governmental entity occupying a public building in which the restroom or changing room is located if the governmental entity:(1) Provided the person of the opposite sex permission to use a restroom or changing room of the opposite sex; or(2) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex.

(1) Provided the person of the opposite sex permission to use a restroom or changing room of the opposite sex; or

(2) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex.

(b) A person required by the governmental entity occupying a public building to share a sleeping quarter designated for use by his or her sex with a person of the opposite sex has a private cause of action for damages, if the governmental entity is a political subdivision of the state, and declaratory and injunctive relief against the governmental entity occupying a public building.

(c) (1) The Arkansas State Claims Commission shall have jurisdiction under § 25-44-201 et seq. over all claims made under subsection (a) or subsection (b) of this section for damages otherwise barred by the doctrine of sovereign immunity.(2) A claim made under subdivision (c)(1) of this section shall be filed within two (2) years of the date the cause of action arises.

(1) The Arkansas State Claims Commission shall have jurisdiction under § 25-44-201 et seq. over all claims made under subsection (a) or subsection (b) of this section for damages otherwise barred by the doctrine of sovereign immunity.

(2) A claim made under subdivision (c)(1) of this section shall be filed within two (2) years of the date the cause of action arises.

(d) (1) A civil action brought under subsection (a) or subsection (b) of this section shall be commenced within two (2) years of the date the cause of action arises.(2) (A) A person who substantially prevails in an action brought under subsection (a) or subsection (b) of this section may file a claim with the commission to recover reasonable attorney's fees and other litigation expenses reasonably incurred under § 25-44-204.(B) A claim for reasonable attorney's fees and other litigation expenses reasonably incurred under subdivision (d)(2)(A) of this section shall be filed with the commission within sixty (60) days of the final disposition of the action.

(1) A civil action brought under subsection (a) or subsection (b) of this section shall be commenced within two (2) years of the date the cause of action arises.

(2) (A) A person who substantially prevails in an action brought under subsection (a) or subsection (b) of this section may file a claim with the commission to recover reasonable attorney's fees and other litigation expenses reasonably incurred under § 25-44-204.(B) A claim for reasonable attorney's fees and other litigation expenses reasonably incurred under subdivision (d)(2)(A) of this section shall be filed with the commission within sixty (60) days of the final disposition of the action.

(A) A person who substantially prevails in an action brought under subsection (a) or subsection (b) of this section may file a claim with the commission to recover reasonable attorney's fees and other litigation expenses reasonably incurred under § 25-44-204.

(B) A claim for reasonable attorney's fees and other litigation expenses reasonably incurred under subdivision (d)(2)(A) of this section shall be filed with the commission within sixty (60) days of the final disposition of the action.