Is a law needed?
The Herald reports:
A teenager with a severe digestive disorder has pleaded for legislation that would force businesses to allow sufferers to use their bathrooms in emergencies.
Wainuiomata girl Nicole Thornton, 14, who suffers from Crohn’s disease, which means she needs to use the toilet without warning, appeared before the health select committee today to speak to MPs.
“I truly cannot imagine anything worse than being out with my friends and having an accident in front of them because some store owner wouldn’t let me use their toilet,” she told MPs.
“Sometimes, you just don’t have time to explain.”
Crohn’s Disease is a chronic inflammation of the bowel which can cause diarrhoea, bleeding and excruciating abdominal pain.
Great to see Nicole advocating on this issue. And one can only have sympathy for her and others with these conditions.
But a law can be a blunt instrument. It imposes regulatory costs on every business as they need to make sure they comply with a law. They often need to get legal advice. Some may have staff toilets that are in a restricted area for safety reasons. What if it is a dairy where the staff toilet is part of your home?
Nicole and Kate received a sympathetic hearing from the committee, which will now consider the request. MBIE officials raised concerns over the cost of compliance for businesses but MPS urged them to consider the needs of a group of people with severe illnesses.
Nicole was inspired by Ally Bain, an Illinois 14-year-old with Crohn’s who fought for legally mandated toilet access in the US. The Restroom Access Act, known as Ally’s Law, passed in her state in 2005. So far 16 states have passed similar laws.
It’s a very worthwhile issue. But can the outcome be achieved without a law, such as an education campaign. Would a law achieve what they want? If there is no time to explain why you need to use a toilet urgently, is there time to explain that the business is legally obliged to allow access.
Again great to see the issue raised. I’m supportive of a solution – just not sure if the best solution is a new law. But it may be.