After a disabled Dallas veteran was denied access to a restaurant’s bathroom and urinated on himself, four cops were caught on body camera footage laughing about him.
The veteran claimed two of the officers refused to review his medical paperwork and help him communicate with the restaurant’s employees.
The footage sparked the ire of the Dallas police oversight officials who are investigating the officers’ conduct, including whether the officers failed to see through a Texas law that is meant to protect people who need emergency access to a restroom.
Ally’s Law, otherwise known as the Restroom Access Act, is a law in many states that generally allows people with certain medical conditions who immediately need to use a restroom access to a business’s toilet facility when a public facility is not available.
The first Restroom Access Act was passed in 2005 after 14-year-old Ally Bain, a Crohn’s patient from Illinois, was denied a access to a restroom in a department store and had an accident, according to the Crohn’s & Colitis Foundation.
Does Texas have an “Ally’s law?”
Yes. Established in 2007, Texas’ Restroom Access Act requires business establishments allow customers with eligible medical conditions lawfully on its premise access to its toilet facility when public restrooms are not available if they provide medical proof.
If a retail establishment has three or more employees working on site at the time of the request, it must be granted.
According to the Crohn’s & Colitis Foundation, Texas was the second state to implement a Restroom Access Act.
Who is eligible in Texas?
People with Crohn’s disease, ulcerative colitis, irritable bowel syndrome or “any other permanent or temporary medical condition that requires immediate access to a toilet facility” are eligible under the law in Texas.
Patients with eligible conditions can use a copy of a signed physicians’ statement or an official identification card identifying them as a patient or as someone who uses an ostomy device.
According to Texas law, acceptable identification cards can be issued by a local health department or a nationally recognized health organization. Patients can request an “I Can’t Wait” card from the Crohn’s & Colitis Foundation.
Is there a penalty?
In Texas, it is a misdemeanor offense to deny a customer access to a toilet facility if they meet these requirements. Breaking the law is punishable by a fine of no more than $100.
What happened at the restaurant?
The veteran, Dynell Lane, said two uniformed off-duty Dallas police officers refused to review his medical paperwork June 10 about 2:15 a.m. after the Deep Ellum restaurant employees denied him access to a restroom. Lane called 911, but had a urine and bowel leak issue and left the restaurant.
Two on-duty police officers responded to the scene after he left. Body camera footage presented to the oversight office Aug. 8 shows the officers joking about Lane.
Milkshake Concepts, a restaurant company that owns the restaurant Serious Pizza, said in a statement provided by a marketing agency that it was “aware of the unfortunate incident” between off-duty police and a patron. The company hires off-duty officers as security.
“We are reviewing our safety procedures to avoid similar incidents while continuing to ensure the safety and comfort of our team members and guests, as that is our top priority,” the company’s statement said.
Dallas police’s internal affairs division — which handles administrative reviews — found the officers did not violate policy. Police spokeswoman Kristin Lowman said Tuesday “the department is looking into the complaint.”
Oversight board members voted unanimously to launch an independent investigation at their monthly meeting.
Staff writer Kelli Smith contributed to this report.
