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Did you ever think that you could be arrested for doing something as basic to being a human as going to the bathroom? When you’re not able to do your business in the privacy of an enclosed toilet, you could be.
When we have regular toilet access, we often don’t think about what it means not to have a toilet around when we need one. So far in this series, we’ve talked about the medical consequences of inadequate toilet access and the personal cost of having to pay for toilet access. This month, we’re looking at how not having a toilet when you need one can get you in trouble with the law.
Think about it: where would you go if you didn’t have access to a safe, private toilet, but you really needed to go?
Often, a lack of an accessible toilet forces people to do their business in a less ideal - and less safe - location, such as behind a bush, out in a field, or down an alley.
In addition to being undignified and unsanitary, going to the bathroom in a public place like this can result in criminal charges if you’re caught.
Predominantly, this means a charge of disorderly conduct or being a public nuisance, which can result in up to a year in jail, paying a fine, community service, or probation. However, in some states - such as California, Arizona, and Georgia - peeing in public can be charged as indecent exposure, for which the punishment can include registering as a sex offender. This used to be the case in Colorado until 2010, when the law was changed to exclude public urination from such strict charges. However, indecent exposure can still be charged as a Class 6 felony in Colorado if a minor is present or if you’ve been charged twice before.
This means that if you’re forced to pee in public in Colorado by a lack of adequate toilet access and are caught three times, you can face up to 18 months in jail, up to $100,000 in fines, or limited ability to get a job, pay a loan, or rent a property.
Faced with these potential consequences, what would you do if you didn’t have regular access to a safe place to do your business?
Helping people avoid the legal challenges that come from peeing in public is just one of the reasons Toilet Equity provides equitable toilet access.
Join us in helping our community members avoid legal consequences for taking care of such a basic human need.
This article originally appeared in our July 2024 Newsletter.