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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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We are an all volunteer nonprofit organization with a thrift

Customer Question

We are an all volunteer nonprofit organization with a thrift shop that supports our Assistance League of Stockton's philanthropic programs. Do we have to allow public access to our shop's ADA bathroom? We are in an area with drug users & 'ladies of the night'.
Submitted: 5 months ago.
Category: Legal
Expert:  Legalease replied 5 months ago.

Hello there --

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The only time that restroom access is mandatory is in public buildings such as state and federal agency buildings (and many such buildings do not want that known as common knowledge, either -- but if requested they must permit a handicapped person access to the bathroom). Because you are a privately owned building and a private non profit organization you have every right to post such a sign and limit bathroom access to employees and, if you wish to do so, your own customers. If it worries you then you should simply err on the side of caution and if a person who is wheelchair bound or who is otherwise handicapped that you can tell then if they request to use the bathroom, let them use it. Just keep a tight reign on it and inform your own employees of the policy. You may even want to put a lock on the bathroom and have the key behind the counter -- which is also perfectly legal to do as well -- simply post a sign that the restrooms are for employees and customers and please request the key at the desk. Just because you have an ADA compliant bathroom does not mean that you must let every member of the public use it.

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