Arkansas Physical Privacy and Safety Act (SB 774)

The government entity with authority over the government building would be required to ensure that all restrooms and changing facilities located in the government building provide privacy from members of the opposite sex.

The bill defines sex to mean “a person’s immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth.”

The bill permits a person’s birth certificate to be used to establish his or her sex, but it must be their original birth certificate.

Private Cause of Action

A person has a private cause of action against the government entity that controls a government building if:

• He or she encounters a member of the opposite sex in a restroom or changing facility located in a government building that is designated for used only by members of one sex; and
• The government entity:
  • gave the member of the opposite sex permission to use the restroom or changing facility; or
  • failed to take reasonable steps to prohibit the member of the opposite sex from using the restroom or changing facility.

The bill includes an emergency clause, which would make the law effective immediately upon approval by the Governor.