SB 1389 - This act provides that any individual may bring a cause of action against a business entity that has a policy allowing for individuals of one biological sex into changing facilities or restrooms designated for use by the opposite biological sex and in which the individual's privacy or expectation of privacy was violated in a changing facility or restroom that matched the individual's biological sex by an individual of the opposite biological sex. The prevailing plaintiff shall be entitled to recover nominal, compensatory, and punitive damages along with costs and attorney's fees. As defined in this act, the terms "restroom" and "changing room" do not include a unisex restrooms or changing rooms. Additionally, it shall be an affirmative defense if the individual that was permitted entry into a changing facility or restroom that did not match that individual's biological sex was: (1) A disabled individual or a child under the age of 13 who was accompanied, escorted, supervised, or assisted by an adult of the same biological sex as the one the changing room or restroom was designated for use; (2) An employee or agent of the business entity that enters, after a clear and understandable oral notice, to clean the room or secure or ensure the safety or well-being of individuals within the room; or (3) A first responder in the lawful performance of his or her duties. This act is identical to SB 632 (2025). KATIE O'BRIEN

2026 Regular Session Introduced by Nick Schroer

SB 1389 creates a private lawsuit right against businesses for privacy violations in bathrooms and changing facilities, allowing individuals to seek damages.

Second Read and Referred S Families, Seniors and Health Committee

Legislative bill overview

SB 1389 would create a legal right for individuals to sue businesses if their privacy is violated in changing facilities or restrooms. The bill establishes a private cause of action, allowing affected persons to bring civil lawsuits against businesses for privacy breaches in these spaces. This would be a new legal avenue distinct from existing privacy or trespass laws.

Why is this important

Privacy violations in intimate spaces like bathrooms and changing rooms directly affect personal safety and dignity. This bill would give individuals a concrete legal tool to seek damages and hold businesses accountable for inadequate privacy protections or monitoring. Businesses would face potential liability, creating financial incentive to strengthen privacy safeguards in these facilities.

Potential points of contention

Definition clarity: The bill's language on what constitutes a "violation" may be vague—does it cover inadequate stall doors, surveillance cameras, or only intentional peeping? Ambiguity could lead to inconsistent court interpretations.

Business liability scope: Small businesses may face disproportionate costs from lawsuits if standards aren't clearly defined, potentially raising concerns about feasibility for retailers with limited resources.

Relationship to existing law: It's unclear how this cause of action interacts with existing privacy laws, criminal statutes against voyeurism, and premises liability—potentially creating overlapping or conflicting legal frameworks.