Bill > SCR1038

This resolution, enacted by the Legislature of the State of Arizona, establishes requirements for public buildings regarding restroom accommodations. It mandates that public entities must provide reasonable accommodations to individuals who are unable or unwilling to use multi-occupancy restrooms designated for their sex, provided the individual makes a written request and submits satisfactory evidence of their sex, which is defined as their immutable biological sex determined at birth. These accommodations can include access to single-occupancy restrooms or employee restrooms, but not access to restrooms designated for the opposite sex while individuals of that sex are present. The resolution also outlines specific policies public entities may adopt, such as accommodating individuals protected under the Americans with Disabilities Act (ADA) or young children needing assistance, and permits entry into opposite-sex restrooms for custodial, emergency medical, or safety purposes under specific circumstances. Furthermore, it grants individuals a private cause of action against public entities if their reasonable accommodation request is denied without undue hardship, or if they encounter someone of the opposite sex in a multi-occupancy restroom designated for their sex due to the public entity's permission, with certain exceptions for young children accompanied by an adult of the same sex or when the presence is consistent with adopted policies. Legal actions must be brought in superior court within two years of the alleged violation, and prevailing parties may recover monetary damages for harm and attorney fees. The resolution also includes a severability clause, meaning if any part is found invalid, the rest remains in effect, and it will be submitted to voters at the next general election.

Government Affairs

https://apps.azleg.gov/BillStatus/BillOverview/85269