§ 9-27-102 — Public facilities; changing areas exclusively for members of a single sex

(a) In each public facility:
(i) Every multi-occupancy changing area, restroom and
sleeping quarters shall be designated for use exclusively by
males or exclusively by females;
(ii) Every multi-occupancy changing area, restroom
and sleeping quarters designated for one (1) sex shall be used
only by members of that sex.
(b) In each public facility, no person shall enter a
changing area, restroom or sleeping quarters that is designated
for males or females unless the person is a member of that sex.
(c) Nothing in this section shall be construed to prohibit
the administrator of a public facility from providing a
reasonable accommodation for a person. For purposes of this
subsection, a reasonable accommodation shall not include access
to a multi-occupancy changing area, restroom, or sleeping
quarters designated for the opposite sex.
(d) Subsections (a) and (b) of this section shall not
apply to:
(i) Single-occupancy changing areas, restrooms or
sleeping quarters that are conspicuously designated for unisex
use;
(ii) An employee who enters the changing area,
restroom or sleeping quarters to clean, maintain or inspect a
changing area, restroom or sleeping quarters when the changing
area, restroom or sleeping quarters is not occupied;
(iii) A person who enters a changing area, restroom
or sleeping quarters to render medical assistance or caregiving
assistance;
(iv) A person or employee who enters the changing
area, restroom or sleeping quarters while in the performance of
the person's or employee's official duties;
(v) Any time during an ongoing natural disaster or
emergency or when necessary to prevent a serious threat to
public health or safety;
(vi) Changing areas, restrooms or sleeping quarters
that have been temporarily designated for use by that person's
sex;
(vii) A coach and members of an athletic team or
activity that includes members of both the male and female sexes
present in a changing area or restroom during an athletic
activity, in accordance with all of the following:
(A) Another suitable changing area or restroom
is not available;
(B) The coach is the coach of an athletic
activity or team with members of both the male and female sexes;
(C) All persons in the changing area or restroom
are fully clothed;
(D) If available, the coach shall be accompanied
by not less than one (1) additional adult at all times in the
changing area or restroom, provided that an additional adult
shall not be required if members of the activity or team of both
sexes are present in the changing area or restroom.
(e) In each public facility, a person who, while accessing
a changing area or restroom designated for use by the person's
sex, encounters another person of the opposite sex in the
designated changing area or restroom shall have a cause of
action against the public facility that:
(i) Provided the other person permission to use a
changing area or restroom of the opposite sex; or
(ii) Failed to take reasonable steps to prohibit the
other person from using the changing area or restroom of the
opposite sex. Reasonable steps may include but are not limited
to posting appropriate signage and adopting policies and
procedures for the enforcement of the provisions of this act.
(f) A person who is required by a correctional facility to
share sleeping quarters with another person of the opposite sex
shall have a cause of action against the correctional facility.
(g) A person aggrieved under this section who prevails in
a cause of action brought under this section is entitled to
actual damages and may recover reasonable attorney fees and
costs from the governmental entity operating the public
facility.