(a) As used in this section:(1) “Changing room” means the same as defined under § 22-3-2201;(2) “Female” means the same as defined under § 22-3-2201;(3) “Male” means the same as defined under § 22-3-2201;(4) “Multi-occupancy” means the same as defined under § 22-3-2201;(5) “Restroom” means the same as defined under § 22-3-2201;(6) “Sex” means the same as defined under § 22-3-2201; and(7) “Sleeping quarter” means the same as defined under § 22-3-2201.
(1) “Changing room” means the same as defined under § 22-3-2201;
(2) “Female” means the same as defined under § 22-3-2201;
(3) “Male” means the same as defined under § 22-3-2201;
(4) “Multi-occupancy” means the same as defined under § 22-3-2201;
(5) “Restroom” means the same as defined under § 22-3-2201;
(6) “Sex” means the same as defined under § 22-3-2201; and
(7) “Sleeping quarter” means the same as defined under § 22-3-2201.
(b) A shelter shall designate each multi-occupancy restroom, changing room, and sleeping quarter for the exclusive use of females or males.
(c) (1) Every restroom, changing room, or sleeping quarter in a shelter 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 shelter 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 shelter 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 shelter shall not require a person to share a sleeping quarter with a member of the opposite sex.
(d) A shelter shall take reasonable steps to provide an individual with privacy in a designated restroom, changing room, and sleeping quarter from use by a member of the opposite sex.
(e) 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; or(5) Provide aid during a threat of a natural disaster or a serious threat to good order or safety.
(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; or
(5) Provide aid during a threat of a natural disaster or a serious threat to good order or safety.
(f) This section shall not be construed to prohibit a shelter 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, 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, 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.
(g) 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 and declaratory and injunctive relief against the shelter in which the restroom or changing room is located if the shelter:(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.
(h) A person required by the shelter 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 and declaratory and injunctive relief against the shelter.
(i) (1) A civil action brought pursuant to subsection (g) or subsection (h) of this section shall be commenced within two (2) years of the date the cause of action arises.(2) A person who prevails in an action brought under subsection (g) or subsection (h) of this section may recover reasonable attorney fees and costs from the offending shelter.
(1) A civil action brought pursuant to subsection (g) or subsection (h) of this section shall be commenced within two (2) years of the date the cause of action arises.
(2) A person who prevails in an action brought under subsection (g) or subsection (h) of this section may recover reasonable attorney fees and costs from the offending shelter.