Rocky Mountain Chocolate Factory Refuses Bathroom Access to 5-Year-Old, Who Then Has Diarrhea In Front Of Them
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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Comments:
The only thing i have to say about this though is that if a store does not have a customer bathroom, don't complain if they let you use an employee only bathroom. I worked at a place in high school and we had signs that said bathroom is for employees only. Of course we were nice and let people use the bathroom if they requested but they had to walk through the stockroom and to a bathroom that was not always 'clean'. Some people complained about cleanliness and/or location of it etc. our response was always that this is why it was regarded as employees only
Here is the store info for those that would like to email the company and express their disgust.
@Underpants Gnome: Little girl and a cup! Sorry, that was terrible.
Seriously, I love that the mother has started this viral campaign. Normally I think about these things before deciding to get involved, but given the manager's snark -- I'm in! This WILL make your daughter proud!
@yukonrye: Thanks! Just fired off a very articulate message regarding my overall disgust; even though they'll likely delete it, I'm happy just knowing that I caused a little extra inconvenience.
The employees didn't have to be cruel about it, but sadly, "insurance reasons" for keeping customers out of employees-only areas is very real. An employee could be fired for letting a customer back in those areas. The fear is that if a customer gets hurt back there, he or she could sue the store, which took the cheaper route by insuring that specific area solely for employees, and the store would be out of luck. If it weren't for sue-happy people, stores wouldn't be afraid to let customers use their bathrooms in an emergency. It sucks, but perhaps complaints to a district manager can get a change in policy.
@samurailynn: If I was place that served food or drink, I would have assumed they would let a child use the bathroom. But way to blame the victim, there's always one.
Of course, it wouldn't be fair to put the little girl through this, but wouldn't it be awesome if the mother had let her go while standing up in front of the counter, letting some of the problem go on the floor, then order something, and let the daughter scoot right into a booth?
It's wrong and not justified but it's tempting to think of things like this.
It hasn't happened to me often, but when I've asked to use an employee restroom I haven't been refused yet. I'd be so ticked if I was the mother in this situation, especially my child was involved.
Also boo-hiss to the smartass response by the store manager.
@StoutHearted: I worked at a comic book store that had an employees only bathroom. While we wouldnt let adults use, we never refused a child.
@luz:
Pabst Blue Ribbons? I'm assuming that's not what you're going for, but that's the only PBR I know :)
@statnut: I'm not saying places shouldn't have bathrooms open to the public, I'm just saying that if they say no, standing around arguing probably isn't going to help anything. Do you think the minimum wage drones behind the counter care?
People are freaking high, that's all I have to say. It's a small candy store with no public bathroom and this idiot mother would rather stand there arguing with them rather than go to find the nearest public bathroom for her kid. Then she wants to make a federal case over it.
It would have been nice if they offered to let the girl use the bathroom if there even was one in the store, but by no means should they have to do so.
It probably was a situation of the bathroom being employee only and the employees not wanting to give in. I faced a similar situation like this at a store once where the kid really really had to go, I looked at my manager (because our bathroom was not public) and she said "no way she has to go somewhere else".
Some stores keep stock, dangerous chemicals and other supplies in their bathrooms, it CAN be an insurance danger to let a customer in there.
This was an unfortunate situation, but the employees were probably directed to NEVER let anyone use the employee bathroom, so I won't fault them for doing what they felt they needed to to protect their jobs.
And for those who say the manager would have understood if they had let the kid in, don't be so sure. Managers aren't always sensible people.
@samurailynn: Either you don't have kids or never had a kid with diarrhea. When they holler, "diarrhea, diarrhea" you do NOT have time to "run across the street". You have approximately 60 seconds until detonate.
@davebg5: Try that on my property and I'll be laughing as I call the cops and press charges against you for vandalism of private property.
Seriously, individuals should *not* have the right to go onto private property and *demand* to use the restroom, no matter the situation. If I walked up to your front door and threw a fit to use your restroom, are you just going to let me in to use it?
@jamesdenver: Some states protect the right to exercise first amendment rights on private property, though this varies by state. In New Jersey for instance, the state supreme court rule that since malls have replaced the public square, its reasonable to exercise free speech rights. But its a state issue, so it varies.
@StoutHearted: Good point. Looks like it's in a mall, if Google Maps serves me correctly. I wonder if there was a closer store with a public restroom? I guess not, if the mother's 2nd effort was in a movie theater.
How about an active protest whereby you get people willing to get diarrhea all visit the store, only shortly before consuming 3-4 doses of Milk of Magnesia. I'm pretty sure the smell will kill off business for a good while and force them to reconsider having a no bathroom policy, and even might make them think a public restroom would be a good idea.
@Franklin Comes Alive!: Could you please tell me where my post says anything about arresting anyone, let alone a 5-year-old?
Calling the cops and filing a report is the first step toward pressing vandalism charges.
From looking at the webpage linked above, it sounds like this is just a small candy shop, not a restaurant. If it is anything like the Rocky Mountain candy shop I've been to before, you would have to go behind the counter where the employees are to get to any backroom or restroom, and it's very confined space back there. I can imagine other customers being a little grossed out by a child behind the counter yelling diarrhea.
@DarrenO: Um, when the situation is that urgent, there's usually little to no time to try somewhere else. Doesn't sound to me like the parent spent forever arguing either, they just pleaded because they knew there probably wouldn't be time to make it elsewhere.
@Jbball: I would think that private businesses should be allowed to determine what's best for their business, unless the government (and therefore, tax dollars) are going to be spent to install and maintain the public restrooms.
@DarrenO:so everyone on this thread is wrong and you're right, that makes sense. So if forty people say you are an idiot and you say you are not who do you think we're going to believe.














ew.