A reader writes: “Last night we were out with friends and went to the Rocky Mountain Chocolate Factory at Bella Terra/Huntington Beach. We were eating outside as my 5 year old daughter got an uncontrollable urge to use the bathroom and began crying and screaming ‘diarrhea, diarrhea.’ I ran into the store with her in my arms, begging to use the bathroom and they refused multiple times.”
I explained she had diarrhea and couldn’t hold it and told them she was about to go on the floor. They refused again and never offered me any alternatives. I begged them to have a heart and that she was 5 but by that time she had lost it all over herself and me. I ran with her in my arms to the movie theater that let me use their bathroom. I cleaned her up, threw out some of her clothes and went back to the Chocolate Factory – asking for names and number of management. I again pleaded with them to use their heart in situations like this.
I called the manager today and she finally called me back. She supports the employees and tells me that it is an insurance decision. She told me to sue if it makes me feel happy. She laughed at me when I told her I would be using my extensive contacts to begin a viral campaign to boycott her store and the entire chain and told me that she was “sure that would make my daughter very proud.” My daughter was humiliated, forced to defecate on herself due to the lack of compassion exhibited by the store – which the owner continued to support on the phone with me. I don’t want anything, I just want them to have a bit of compassion in the future.
Longtime Consumerist readers know this isn’t the first time we’ve written about a company refusing a customer with a bathroom emergency and ending up with disastrous results. Last summer, a similar story involving Jo-Ann fabrics prompted enough complaints to the CEO that he issued an apology and “immediately changed [company] policy to allow any customer to use [store] restrooms upon request.” Our reader pointed us to a situation a few years ago when Old Navy denied bathroom access to a customer with Crohn’s disease that ended up with the customer’s state legislator introducing a bill requiring businesses to open up their bathrooms for emergencies. We don’t think a law is necessary, just basic human decency: if someone has an emergency, let her use your bathroom.
UPDATE: After reading some of the comments, I searched around some more to find out whether a place that serves food has to provide a bathroom to customers. As it turns out, Rocky Mountain Chocolate Factory may have violated existing California Code provisions. An organization called the American Restroom Association has a Uniform Plumbing Code that requires a “toilet facility for customers, patrons, and visitors of all mercantile and business establishments.” The Uniform Plumbing Code has been adopted by California, so it seems that there IS a requirement for businesses to provide restroom facilities for customers.
(Photo: Getty)
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I just sent my feedback to RMCF and made a pledge to never visit their Memphis location until they make a satsifactory response here. We’ll just go to Godiva if we need some chocolates.
Please send your feedback and force RMCF to do the right thing here: [rmcf5.com]
@thelushie: Do you think the parents stood there and debated with the RMCF minimum-wagers for 20 minutes?
BTW, the local ice cream parlor in a strip mall has a sign that reads “no public restroom”.
Just this evening I asked the owner (a semi-friend) if “no public restroom” meant NO RESTROOM.
His answer was …. kids always get to use the restroom if the ask…. the sign means no teenagers or adults.
And YES, his restroom is behind the counter.
Also the City code requirements do not apply to his establishment because the building predates the City code requirements for new buildings.
@Cool Cat:
Do a test run at Godiva before you buy anything there. Run up to the counter and ask to use their restroom.
I suppose one can argue this many ways, but in the end it is an intensely personal thing. I have been a customer at this particular establishment, but that will not be the case in the future. The degree of cruelty and lack of humanity (actually, just decency) shown by the manager of this store is simply enough for me to say that I choose to not spend my money there. I believe and hope that many will agree with me. That’s the most powerful vote I have.
@dragonfire1481: any store that keeps dangerous chemicals in their bathroom violates OSHA and who knows what else.
TUB:
Point 1: A deliberately cultivated persona of an ass online probably translates to a similar persona in the flesh. Perhaps your suffering will be short.
Point 2: You would have absolutely ZERO chance of successfully prosecuting such a case. Bodily functions are not crimes, juries would see you as needlessly cruel and harsh, and most judges would go out of their way to see you squirm.
I don’t understand why people bother asking permission in a case like this. You gotta go, they say no, fuck ‘em, let them call the cops if they want to. What, the cops gonna arrest you for takin a shit?
You got two options in this case – ignore their assiness and use the restroom, or drop trou and shit on their floor. Either works.
Sorry Mom, just because your precious little snowflake gets the runs, it doesn’t give you carte blanche authority to commandeer anyone’s restroom.
And for what it is worth, I’m sure your crotchfruit will eventually do something else to embarrass themselves or you down the road. That’s partly the reason YouTube and college is so popular.
Okay. Ground rules of decency, below.
IF the RMCF has a bathroom (indicated by employee/management refusal to admit otherwise), AND the mother made it clear her child was in dire straits, then they deserve store-wide defecation, and a boycott from those who care about such things.
Laws are not made to infringe upon perfect, self-focused individuals, they are intended to create a fair and equitable society, and prevent us from pooping in the streets like animals. Please do not feed the libertrollians. Thank you.
@DarrenO: You’re an idiot. It’s amazing the dumb things people say about kids when they don’t even have any of their own to draw experience on. As EdnaLegume already mentioned: “As a mom, I know that when one of my kids needs a bathroom, there is little time to debate the issue. Diarrhea is a whole other ballgame.”
Chocolate from this place will now be associated with poop to me. Glad they thought this one out over at Rocky Mountain Chocolate. Smart decision, bastards! Good luck cleaning up after this one. Pun intended.
FYI,
Franklin Crail, Chairman, CEO and President, Rocky Mountain Chocolate Factory:
fcrail@rmcf.com
Edward Dudley, Senior VP, Sales and Marketing, Rocky Mountain Chocolate Company:
eldudley@rmcf.net
If I was the employee, who’s boss said ‘don’t let nobody use the restroom’, then a girl takes a shit in front of you.
I feel sorry for the employees.
I know it’s already been addressed in the OP update, but I just have to add my disgust. Any business that serves food that is meant to be eaten in the store has to provide a bathroom for customers. At my old job, we prepared food but it was all take-out, and we technically weren’t supposed to have any customers in the back of the store, but if a little girl (i.e. not a threat) were about to hershey squirt all over our lobby, I would not hesitate to let her in the back to use the bathroom. I’m all for going by the book, but people should really be using their discretion to make exceptions, like in this case.
@samurailynn: the RMCFs I’ve been to have been bigger stores in outdoor shopping complexes, where the route to the nearest bathroom isn’t always clear. Any employee who is unwilling to let a child use the bathroom should at least be trained to give quick directions to the nearest public restroom.
@TheUncleBob: Yes, if someone was walking through my neighborhood and stopped at my door saying, “My kid has diarrhea, can she use the restroom?” she would be admitted and allowed to use it.
From what I determined. (about the kid crapping her pants)
1. Ca has indeed adopted the Uniform Plumbing Code
2. Public places have to provide a bathroom for the public
a. Exception: a centrally located restroom within 500 feet from store’s door to restroom’s door. (413.5.2)
Bella Terra food court from Rocky Mountain to the central bathroom is right at or over 500 feet from my measurements. I measured it over 525-550 feet.
It is easy to enforce a visible problem like the distance being too far away than a story about being denied access to a bathroom.
If the bathroom is indeed over 500 feet away this store legally had to let the mother use the bathroom. Otherwise if that public restroom is under 500 feet away they can refuse anyone.
@rellog: What would that solve? You don’t even know the people cleaning up the mess would be the same ones who were working that day, let alone the ones who directly refused bathroom access.
Bank of America wouldn’t let my 4 year old use the restroom in an emergency last year. I took him outside behind some bushes and let him pee on their wall.
I was recently perusing one of my favorite blogs, the consumerist.com, and I came across a story that would make any parent shudder with disgust. Apparently a woman was eating outside of your “establishment” (though I think referring to your business as such shows a great disservice to the word) with her friends and daughter when her daughter had to use the restroom. Not seeing any other solution in site and assuming that an establishment that she paid money to would show her the basic service of human decency, she went inside and asked to use the restroom. Now, any other human being would say yes and not think twice about it. Apparently the Rocky Road Chocolate Factory has a strict policy to only hire hell spawn to work in their stores. The woman working refused to let her use the restroom and as consequence the little girl went number 2 all over herself and mother. Surely this will a traumatic experience in the days to come for this girl and a harrowing story for the mother to share. She then contacted the store and spoke to a manager who again continued the rocky road tradition of acting like hell had just opened up and spawned her out. She even told the customer to “sue if it made her happy.” The mother instead chose to begin a viral campaign to show what horrible people work at the store. Anyways have fun knowing that you employ and are a horrible person.
Sincerely,
A Loyal Customer (Just Kidding I Hate Your guts)
My e-mail to the company. First time doing this but I felt, strangely compelled given the situation. I tried looking for any errors and I’m sure it could have been a little more eloquent, but hey it’s monday. Cheers everyone.
I measure close to 500 feet walking distance. It’s a new mall. I would be surprised if it wasn’t built to code.
Birds eye view (you can rotate it)
[maps.live.com]
The way it could have been handled by the manager could have been better. But, it may be that the mother is puffing up her side of the story.
As a fellow retail business owner, I can understand the customer’s frustrations. But, I have the same policy. I NEVER allow anyone to use our restroom. I tell the employees this and I practice it myself. I’ve refused cops and even a pregnant lady.
It breaks my heart when people get angry, but it’s because something can happen. You can get sued if something happens. It’s happened before. Plus there are people who can and do exploit you. Since I deal with food, it’s also a health violation to let any unauthorized person in the stock room. Do you really want a 5 year old girl with diarrhea in a chocolate store’s bathroom??
To Rocky Mountain: don’t change your policy just because of this. It’s reasonable. Just train the employees on how to communicate with customers and direct them to the nearest bathroom.
I am the owner of the store in question. My wife and I have worked very hard to operate this store and have sacrificed quite a bit to do so. Based on some of the comments that we have seen and heard from the bloggers and callers, you think that we are rich and snobby. We are neither. Some of you have even noticed that we have a claim against Rocky Mountain Chocolate Factory and think this is all a publicity stunt. I can assure you that it is not. I am not sure why Jennifer is has started this campaign for not letting her daughter use the restroom. The blogs spread out across the country from the Bouroughs of Manhatten to the Castles in Huntington Beach. Radio stations in Alabama have given our home address out encouraging criminal vandalism.
Many of you are very smart or are business owners and have guessed why the restroom is off-limits. Its not allowed per our policy becuase cleaning chemicals, bleaches, caustics, and other dangerous items that are stored there. Unlocked employee lockers with personal belongings are also in there. The fact is, zero customers are allowed behind the counter. Zero. In some Rocky Mountain stores, there is not even a restroom there. Try going to any other food court and ask to go behind the counter. How about Wetzels, See’s. For some of you New Yorkers how about street vendors, can you go back behind the kiosk? No. Hell Disneyland for that matter, there are no restrooms in the food service areas other than the common public restrooms. Downtown Diney candy store, no (even through there is one). Bella Terra mall provides a very large public restroom and in between our store and those restrooms, there are at least 15 more that the public are allowed to use. Its a matter of safety. It was not our intent to cause any harm to a child, but rather to protect her. Based on our video monitors and customer witnesses, our employees directed them to the public restrooms several times. Based on what I was told, there were even some other customers who asked her to leave.
When we called Jennifer back, there was nothing that she wanted from us other than to have these employees fired. The employess in question are very hard working and if you knew their personal circumstances, you would be ashamed to call for their termination. Especially those of you that live in the same comuunity here in HB. These are your people. They were not laughing at you, they were smiling at customers that they were helping, who by they way, were also trying to direct you to the public restrooms. We cannot fire them for complying with our company policy no more than an account executive at a national lending corporation would be able to break their rules and hand out loans based on personal preferences. Not to mention using business networking contacts for a persoanl vendetta. That company would become a party to damages or criminal activity.
What many of you might not know, might make you feel quite bad for screeming “common decency” all the while threatening my wife with an iron pipe and hoping that she screems before she dies. Thats right, the police are involved and actively researchinbg a few of your IP addresses. You are not realy as anonymouns as you think you are. Its your right to have an opinion, but some of you are making death threats and were not even there.
We will have happy to answer all the calls from newpapers etc from those of you that call. Based on our converstaions with other papers, you have not been given the whole story, which I assure you, is far more print worthy.
Todd Overturf
Lets give em’ hell..lol
@TheUncleBob: Wow, I said that in jest and you agreed… that is scary. While I understand that bureaucracy and over regulation stifle American businesses your extremism and lack of respect for others betrays your freedom loving intent.
I fully support a business right to not allow people to use their bathroom, I would not support a law requiring them to have one. I may piss out back if I had to go really badly and I wouldn’t go back. That’s my right, and it’s my right to find this to be ‘jackassery’ from the manager and owners so I sent them an email to let the corporate office know I will not shop at that location and probably will not shop at other locations too.
I used to work for Jamba Juice and my manager always said the bathroom was off limits to customers unless he/she has a small child with an emergency. Otherwise, go to the Starbucks across the way.
I read that document that was after the link. So if I am reading correctly all businesses that serve food need to offer public restrooms to patrons? because I have seen business with “No restrooms for public” with a specific city code on the sign, don’t remember which one.
90 000 views!?! I’m going to start a blog relating entirely to poopoo related incidents. And yes, chocolate rain will be playing upon entering the domain
@mikelotus: That’s about 110% incorrect. Many businesses keep “dangerous” cleaning chemicals in their employee restrooms. So long as they’re stored properly and labeled correctly, it is in no way against OSHA code.
Sent to the local franchise and RMCF Corp:
Dear Sir or Madam,
Granted, I am only aware of this person’s side of the story, however, there was a child involved (you know, traditionally the cornerstone of the chocolate industry). Your ignorant claim of an insurance issue restraining the use of your facilities is pompous, and I am sure you are well aware of that.
Good luck in your personal campaign to keep reassuring your conscience you are correct and had every right to deny that little girl the use of your restroom. Now that this issue has become more public (and I sincerely hope it gets more so) it may be a tough fight to retain your laughable take on the whole situation.
I am cartain the way you remember the conversation is nowhere near as rude as the customer’s take, however being in the position of a service provider and representative of a franchised brand, you have failed miserably.
Personally, I will never visit this chain in the future and will do what I can to ensure no one else does either (Ohio). Even if this situation was no here near as bad as the parent of that poor child explained, any derivative of this story gives me reason enough to boycott RMCF.
–She laughed at me when I told her I would be using my extensive contacts to begin a viral campaign to boycott her store and the entire chain and told me that she was “sure that would make my daughter very proud.”–
You have no idea how proud she will be……
Regards,
Shawn Cardamon
**This mailing submitted to corporate website for RMCF**
I’ve never heard of this chain and thus never been in one of their stores, but I’m wondering if the individual locations vary a great deal in size that some are large, with tables for people to sit down at, etc., and might have bathrooms that are readily available to customers – that is you can see them when you walk in, and other locations are just tiny little counters with very little space and hence no bathroom that is visible. A chain I am familiar with, Dairy Queen, has locations that vary greatly – some are essentially full-blown fast food restaurants with seating areas and restrooms for the customers, while others are just walk-up kiosks without even restrooms for the employees. Could the mother have thought there was a restroom available for customers and been mistaken?
I kind of wish I was in a situation like this so I could just drop trou and shit all over the floor.
@hellinmyeyes:
Really? “Stupid crotchfruit?” This sentiment is a close cousin to that which the manager espoused and has so many people quite rightly pissed off. You were once “crotchfruit,” and at some point in your (apparently miserable, judging by your outlook) childhood (crotchfuithood?) someone took compassion on you. Like others have said, it’s about basic human decency. They haven’t invented the perfect human yet, so when one of the humans near you, especially one of the small ones, is experiencing a flaw, the decent thing to do is help him/her out, knowing full well that you, too, will need help some day.
I agree that the “extensive contacts” line makes the woman sound like a lunatic. I probably would’ve laughed, too.
@Snaptastic: Seriously, “crotchfruit?” Grow the hell up.
Okay guys, so maybe customers shouldn’t be allowed into the employee bathroom for various reasons.
The woman probably didn’t know this when she rushed into the nearest place she could. That doesn’t make her unreasonable.
The main issue at hand here is that the manager, rather than taking the high ground and EMPATHIZING with the humiliating situation, laughed and invited the woman to sue.
Maybe the woman wasn’t all that pleasant on the phone either.
It doesn’t mean that the manager can be unpleasant too.
It is not that difficult to say, “hey I’m sorry, it was an insurance policy thing, my employees didn’t understand how urgent it was…” In my case, I do not suggest the manager had to do this, I wouldn’t mind throwing in some money of my own to invite the customer back to enjoy some free chocolate.
Maybe it won’t satiate the customer but those are things I have in my power to do… I wouldn’t egg the agitated customer on further.
ok, if my kid were about to have violent diarrhea, and the person at the counter said no, would i stand there and scream or would i ask where the closest restroom was and head to it right-quick? doesn’t much sound like this poor child was going to make it anywhere in time. certainly wasn’t going to wait till the mom stopped having her fit.
i have colitis, i get what it’s like to need the bathroom NOW. i also know that letting a sick kid use your tiny employee-only bathroom is a recipe for disaster. if a mom is dealign with a sick child, is she going to have time to get that bathroom spic and span afterward?
people, READ THE COMMENTS before making them. large public outdoor mall with restrooms, food in places like a foodcourt, basically countertop storefronts.
and did nobody read the item on today’s consumerist about how most people who think they have stomach virus have norovirus? yeah, i’d like to take that chance in my store.
@jsboehm79: This makes me think the fault lies with the mall more than anything else then. My local mall is that way, finding a restroom is far too damn difficult. Even adults have plenty of issues where the moment between “oh, I need a bathroom” and “Hey, here it is!” shouldn’t have to be fifteen minutes apart.
That said, people do have very valid points about why you can’t allow customers in the back, and customers need to recognize that and just deal with it. Even the people I know with severe gastro-intestinal issues (Crohn’s, IBS, etc.) have never and would never ask for or feel entitled to bathroom access in a store that does not have a public restroom. I can’t really speak for parents, I don’t really know that many, so I can’t say if I feel children should be an exception.
@Jetgirly: Two words:
Super. Vision. Escort the person back there. End of problem, avoid public relations nightmare. It’s that simple.
@Superawesomerad: “I agree that the “extensive contacts” line makes the woman sound like a lunatic. I probably would’ve laughed, too.”
Umm…except who’s laughing now?
got a few free moments? tell them what you think… tell them that you will boycott them.
[rmcf5.com]
Franklin E. Crail is Chairman of the Board, President and CEO. I wonder if anyone can find his e-mail address. If not, let him know what you think via. snail mail.
Franklin E. Crail
265 Turner Drive
Durango, CO 81301
It’s turned into a battleground at Wikipedia…
[en.wikipedia.org]
[en.wikipedia.org]
Is it illegal to poo in front of the person who refused to let you use the restroom?
ok, you guys need to READ THE COMMENTS before you go spouting off about employee bathrooms and public outdoor malls and storefronts.
second, i have colitis. i know all about needing the bathroom now.
third, read today’s consumerist story about food poisoning,and how norovirus–remember, highly contagious puke virus?–is often mistaken as other ailments.
fourth: i’m trying to see myself behind the counter at a dessert shop. an agitated woman come in holding a child who’s screaming “diarrhea! diarrhea!diarrhea!”…this makes me want to bring that woman through food prep to the private employee bathroom?
Children’s needs are different from adult’s needs. Those employees that refused them their bathroom rights because they “might get fired” need to find a new job.
And who cleans up the diarrhea? Probably the underpaid half-wits who refused the bathroom in the first place. When I worked at Starbucks a lady peed on the floor (she was a bum, and probably on meth) and we had to clean it up. A week later I quit. I don’t owe ANY company my health and dignity to clean up someone’s excrements. Oh yeah, we DID NOT deny this lady access to the bathroom, it was just being used by someone at the moment.
this also reminds me of a funny story when i was at Jack in the Box (a fast-food restaurant) in highschool, and a lady went in to use the bathroom before me, and she only took a couple minutes, then RIGHT AS SHE CAME OUT this other random lady comes TEARING in through the front door yelling how she needs the bathroom “sooo bad” and so I let her use it, she comes out like 10 minutes later and was like “Damn the lady before me tore it UP in there!”
when clearly, it was her. she took a huge dump.
I just got an email response from my local Rocky Mountain Chocolate Factory, and it looks like an apology was forthcoming from their corporate office:
“I wanted to give you an update on what has transpired since we communicated this morning. I have personally spoken to one of the upper level executives in Rocky Mountain. She was very aware of the situation in Huntington Beach.
The COO / CFO of Rocky Mountain, Bryan Merryman, who is functionally the CEO, has personally called the mom of the girl mentioned in the story. (I think the mom’s name is “Jennifer”.) He has sincerely apologized to her directly.
She accepted his apology and said that an apology is all she really wanted. She said that she was about to go back onto the website to update where things now stand with Rocky Mountain. I am under the impression, that in spite of her horrific experience (which I know will never truly fade from memory), that she is able to fogive us for what happened.”
I must be a genius. I would’ve had a signable release form at the ready for that poor kid (& her mom). Crisis and any legal ramifications averted.