Question
I really hope that you can answer a question for me. I work for an agency that accredits home medical equipment companies and would like to know if there is a law requiring retail businesses to have a public restroom available and does it need to be handicapped accessible. If there is a reference in law that may be available I would really appreciate it. My iinterrpretation of the ADA requirement is that all businesses do commerce with the public are required to offer restroom facilities that are ADA compliant. Please help me if you can.

Answer
Rick,

Before I answer, let me point out that I am not an attorney and cannot give you the kind of information on a legal matter that an attorney can.  Before you act on anything I say, consult someone qualified.

No, retail businesses are not genrally required to provide public restrooms.  You should check state and local regulations to be sure.

However, if they have restrooms that are open to public use, they must make them accessible unless they can show that doing so would be an undo hardship.  That can include excessive cost or the structural impossibility of modifications.  

You might find this article on Lawyers.com helpful.
http://labor-employment-law.lawyers.com/americans-with-disabilities-act/Enforcin...



An exception would be if an employee required accommodation for his or her disability that included accessible restrooms.

You need also to contact whichever department in your state government enforces regulations concerning disabilities access and/or retail business code.

Good luck!

Nan Hawthorne