Our staff sees signs like these over and over again.
“Restrooms Closed due to Covid-19” — “Restrooms for Employees Only” — “Toilets for Paying Customers ONLY”
Why are so many bathrooms closed in Texas? Is this even legal?
TexasPHS has compiled the research and we have the definitive interpretation of the current bathroom laws in Texas.
1.) What do the Texas Food Establishment Rules (TFER) say about bathroom availability?
TFER mentions nothing about restroom availability for patrons of a food establishment, just for the employees of the establishment. TFER states that “a restroom shall be made available for use by employees.” TFER goes on to state that “toilet rooms shall be conveniently located and accessible to employees during all hours of operation.” That’s it … nothing about restrooms for public use.
2.) What is the law regarding bathroom availability for customers?
Texas is a home rule state, meaning that each municipality has the power to enact local rules and regulations. Of the large cities in North Texas, every single one has adopted either the 2015 or the 2018 versions of the International Building Code (Dallas, Fort Worth, Arlington, Irving, Grand Prairie, Plano, and Frisco).
Both the 2015 and 2018 International Building Code state the following:
Customers, patrons and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization.
Public toilet facilities shall not be required in:
- Open or enclosed parking garages where there are no parking attendants.
- Structures and tenant spaces intended for quick transactions, including takeout, pickup and drop-off, having a public access area less than or equal to 300 square feet.
The law is simple – retail spaces like restaurants – must provide toilet facilities to customers, patrons, and visitors at all hours of operation unless the establishment meets one of the two exceptions listed. That’s it. End of story.
3.) How do I file a complaint if a business is not making its restrooms available?
Our recommendation is that you first speak with the manager of the establishment. Explain that you need to use the restroom. There may be an underlying reason the bathroom is closed such as a temporary plumbing repair.
If you suspect that the establishment is simply blocking off the toilet rooms to prevent patrons from using them at all costs, TexasPHS recommends that you file a formal complaint with the city. Depending on the city, the department that will investigate the complaint could be the Local Health Department or the Code Compliance Department.
4.) What if I have a medical condition and MUST go to the bathroom immediately?
Even if a retail establishment meets one of the exceptions listed in the International Building Code, there is still a law that protects individuals with medical conditions requiring the use of a toilet ASAP.
In Texas, it’s called the Restroom Access Act. The Act was passed in 2007 and it requires retail establishments to allow customers with certain medical conditions such as IBS and Crohn’s disease immediate access to an employee toilet facility. The caveat is that the customer requesting use of an employee toilet facility must present evidence of his or her eligible medical condition via a physician statement or a medical identification card.
Read House Bill 416.
TexasPHS hopes that this article clears up the rules and regulations surrounding restroom accessibility at restaurants and other retail establishments in the state of Texas. One shouldn’t have to go through leaps and bounds just to use a bathroom, even during a pandemic.
TEXAS PUBLIC HEALTH SOLUTIONS 
That was a great read! So many restaurants, convenience stores, and small retail shops have closed their bathrooms to the public for some reason. It’s great that I can reference these laws now.
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Thanks for your kind words. Our goal is to educate the public as well as businesses on the rules and regulations that impact us all.
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it’s 2022 and 95% of gas stations in Port Arthur have a sign on the restroom doors that say “out of order”, they are not. I have seen certain folks allowed to use it. What I have noticed is that the retail outlets’ workers or owners that does this are not Americans, nor is the business a franchise except Fuel Depot, a lot of these have posted that sign and a few restaurants also, but again non are “American” business owners they appear to be of mideastern descent. not being prejudiced just stating an observed fact. i visit these places daily. Something needs to be done. Either we have a legal law or not. i think they don’t want to keep it clean.
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You know people don’t have to be of a certain color to be American right? That is kinda racist of you. I used to work at a gas station and I am a naturalized American citizen. Have paid in to the tax system for many years. Now lets come to the real issue. Texas law doesn’t require gas stations to have a public rest room unless they serve prepared food. I’m not throwing it out there just for the sake of it this was told to me by a city officer during one of our annual inspections by the city. However I completely agree that its kind of unethical to not provide a restroom because people have emergencies. I am sure a lot of places would be happy to put a restroom for customers and people in need as a courtesy if it wasn’t for some horrible people that show up and mess it up for everyone else. By horrible people I mean the ones that shit and pee on the floor stuff whatever they fill like in the toilet, come do drugs, make restroom a place to bring in prostitutes and on and on. The place I used to work at it just wasn’t possible to update the rest room and keep it open. People would shit everywhere drug addicts leaving needles and blood on the floor physical destruction and such. Most gas stations that don’t usually have only one people working at a time and the person had to be there for long hours so where was he supposed to go if it was left open? I feel like you need to look at things from different perspectives too. Have a good day.
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thanks for your advice and you have a right to your long opinion. if other races where doing what i see happening in Port Arthur i would have noted that but as i typed the only stations that are putting signs on their restroom doors are as i stated those that look sound and some have personally told me where they are from, not born in America, the Eastern part of the world. So i don’t just make statements that i can’t back up…you have my name why don’t you come to port arthur and ask around. I have live here for the last 14 years, i speak to these folks because i purchase from just about all the convience/gas stores. Don’t be so judgmental. The owners before them had working facilities, by the way all this happened when Motiva sold their oil refinery to the Saudies.
and all the ranting your doing about others behavior and why the owners don’t want to keep the facilities open does not justify you calling me racist.
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The Restroom Access Act requires businesses to allow you to use employee facilities if you have certain health conditions.
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Any place that sells food and or snacks should have a public washer area and toilet 🚻 period
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Thank you so much! TexasPHS is consistently fighting to bring this issue to the forefront and making sure establishments do the right thing!
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I’m an American Indian or Native American who works at a small convenience store/gas station that has a sign that the restroom is for employees only. We are usually staffed with only one person and it’s a high volume station. We also have two encampments with homeless nearby who have left needles or fecal matter or urine all over the walls, toilet and floor. This makes it unsafe to leave open and when we have given a key out, customers don’t lock it back to prevent these homeless from going inside.
We don’t have the staff to consistently or make sure it’s safe before allowing anyone inside or to check to make sure it’s locked afterward.
If we are alone in the store and need to go during whatever brief lulls there are,we don’t have the luxury of taking that time to clean it
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Thank you so much for your honest feedback, however this is exactly the type of situation that the building code seeks to prevent. Why should patrons suffer if an establishment chooses to remain understaffed? We actually think your business will prosper more if you dedicate additional resources to accessible and clean restrooms.
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We are not a restaurant nor a gas station,but a small business office,and we closed our restroom from the public,as they are disrespectful of facilities,feces and urine on walls and just plain disgusting.
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Thanks for your feedback, Robert. Based on your specific situation, the restroom accessibility aspect of the building code may not apply to your small business office. TexasPHS recommends checking with your municipality for more information.
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All restrooms in convenient stores should be available to everyone whether they buy something or not. My son age 4 at the time had to use restroom at store they said no for customers only well my son couldn’t wait do we went outside found a bush and he peed, it’s really inconsiderate and disrespectful to not let people especially children and seniors use restroom especially since they usually can’t hold until next place. Florida must have more common sense than Texas it’s ashame, l thought tx was smarter
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I am a truck driver and see warehouse facilities do not provide any restrooms to the drivers. Drivers are forced to relieve themselves out in the open especially when they are stuck at a warehouse for hours. What’s the law for the warehouses/businesses for providing the restrooms to the drivers?
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If I open a restaurant. Do I need to have a men’s and ladies room? Or, can I have one restroom?
Thanks
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Great question, Diego. It depends on a number of factors. If you are considering any type of construction project that includes new, , remodel, additions, or renovations to a business (like a restaurant), please call your jurisdiction’s Planning and Development Services Department. A building permit is your legal permission to start construction. Without a building permit your project may not comply with building codes such as the number of required restrooms.
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Imagine your wife, daughter,
sister had need, how would they feel in your business? Only one facility doubles the use use and limits the access. Plan for success
And treat customers w/ respect!
And you will do well with pride.
Provide at least male & female
Facilities: the Ladies decide where
their families shop$$
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VERY WELL SAID!!!!
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Hello! The business I work for, we’re expanding, and rapidly! Gone from 8 employees to now over 30 and with expansion comes–toilet issues!
Everybody wants to use the bathroom at once. There’s 3 people waiting to use the bathroom at once sometimes. We are considering adding another toilet/stall possibly. My question is does there need to be a designated man/woman separate bathroom? Could i add stalls around the toilets & do a gender-neutral bathroom instead? Or does there need to be actual walls separating the 2 toilets?
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The joys of growth! These are very insightful questions, Emily. You will want to reach out to your jurisdiction’s Building Inspection Department and/or Planning Department for clarity before you proceed.
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Today i went to dds store and have i sign restroom out order so i dont even ask i run to the next building dollar tree and i ask were the restroom employee said its not working so i ask were you goin went you need and she telling me well my shift almost end so i waiting to goo home …. Me realyyyyy and i tell here you should be report you employer because its against te low off course she was lie, were can i reported?
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Hi Sanjuana, I’m sorry this happened to you. Please contact you local Code Compliance Department or Health Department to file a complaint.
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I went in to a smooth king to buy a smoothie and to was my hands and my daughter had to use the restroom and was denied.
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I went in to a smooth king to buy a smoothie and to was my hands and my daughter had to use the restroom and was denied. The address is 2809 Preston rd suite 1220 frisco, tx 75034 # 972-712-7030
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No bueno. We will inform the Health Department in Frisco ASAP!
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Thank you for the information.
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Hi, Darin. TexasPHS is so happy to fight for the rights of Texans!
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I went to a Jimmy Johns Restaurant on Fry Street in Denton, Tx on 9/8/23 @ approximately 12:45AM to purchase a sandwich and needed to use the rest room due to a urinary urgency that comes on quickly due to a drug called lasix for edema build up for heart failure. I very politely ask if I could use their restroom, and was told that they closed the restrooms and under any circumstance would theypermit me to use it even after I explained my situation. I told them about the Texas laws and they told me there was no law that required them to allow me to use their restroom. It really disturbed me because I urinated in my pants and was very embarrassed. I told the jerk working there that one day he’ll get old and maybe he could understand the meaning of the word compassion. I also told him I would never go back to a Jimmy John Restaurant again and left very embarrassed as there must have been 10 other people in there watching and listening to all this. It is my wish you enforce the Texas Laws on this subject on this establishment so this never happens to anyone else who goes to this restaurant. Thank you in advance for any work you take to withhold the laws and authority to protect in my case a 75year old man’s decency.
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Hello, Wayne. Thank you for sharing your personal story. We are so sorry this happened to you. TexasPHS will fight for you! This is completely unacceptable, embarrassing, and tragic. Can you please email your contact information to texasphs@gmail.com? We’d like to report a complaint to the City of Denton for proper investigation.
TexasPHS encourages anyone who experiences a similar situation to contact us immediately at texasphs@gmail.com so we can properly address these frequent restroom accessibility issues directly with restaurants, municipalities, and state legislators.
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Thank you for your understanding, and your confirmation to report a complaint on my behalf with the City of Denton. Below is my contact information, and my cell phone number is (405)4171777. Please feel free to call me with any questions. Thank You very much, Wayne Farris
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Went to use a restroom in a convenience store earlier this evening. I hadn’t gone in this store for a while and remembered, after I had already entered the store, that there has been a sign taped to a yellow folding plastic thing (that is used to warn of wet floors) that said, “restrooms closed/maintenance”. I then remembered that this sign has been taped like that to the yellow thing for over a year. What was confusing however was right behind the yellow plastic thing was a sign taped to the locked women’s restroom door that said, “Please feel free to use the other restroom”, which is the restroom across from it marked for men. Because I truly couldn’t wait to go somewhere else to use a restroom, I used the men’s room, because it was unlocked, clean, and the sink and toilet were working, however it had no toilet paper. In my purse, I carry a small pack of flushable TP which I did use. When I came out of the restroom, the cashier. who was checking out a customer, rudely asked me didn’t I see the sign that the restrooms are closed? Then she said that’s why there is no TP in there. When I asked her “then why do you have a sign taped to the women’s restroom door that says, “please feel free to use the other restroom”, she refused to answer me. I took pics of the signs and am contacting our City Compliance Office on Monday. My thoughts: Maybe the owner doesn’t want to pay for plumbing repairs, that may not be the case. The store has changed names (Was a 7 Eleven, then Alon and very recently became a DK). Why is the men’s room door left unlocked? That appears discriminatory. Are the restrooms marked out of order but really aren’t and by marking them that way means the staff (only ever one person working there) doesn’t have to ever clean the restrooms? When staff takes a break, they lock up the store and put a note on the door they’ll be back in 15 minutes. Even if I had proof of a medical condition, it wouldn’t have mattered.
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I have chronic ulcerative colitis. What constitutes a “medical identification card” and how do I get one?
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Also, regarding the Restroom Access Act, it seems like the fine should be increased from $100 to at least $200, considering the inflation of Bidenomics.
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So I own a small dessert shop, and the workers who are working on the store next door keeps come in just to use the restroom, can I not let them use the restroom?
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