§ 67-9803 — REMEDIES

(1) An individual who, while accessing a restroom or changing room designated for use by such individual’s sex, encounters a person of the opposite sex in such restroom or changing room shall have a private cause of action for declaratory and injunctive relief against the covered entity if the covered entity:
(a) Provided the person permission to use a restroom or changing room of the opposite sex; or
(b) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex.
(2) An individual who is required by the covered entity to share sleeping quarters with a person of the opposite sex shall have a private cause of action for declaratory and injunctive relief against the covered entity.
(3) All civil actions brought pursuant to this section must be initiated within two (2) years after the violation occurred. An individual aggrieved under the provisions of this section who prevails in court may recover reasonable attorney’s fees and costs from the offending covered entity.

Legislative History

[67-9803, added 2025, ch. 251, sec. 1, p. 1115.]