Retailers have figured out ways around this, the most common being to hang a "rest room out of order" sign on the door of the rest room. They then allow access to the restroom only to regular customers, and not to random people stopping for emergencies. They can plausibly deny the script and say "sorry, the rest room is out of order." There is no way to prove that the rest room is actually in working order, unless you bring in an independent plumber and force your way in. Which is not likely to happen.
I wonder if they would still say it was out of order if you told them that there would be a great big huge mess on their floor in a couple of seconds for them to clean up. I know that one time one of our departments refused a child use of their restroom and a few days later there was an editorial in the paper about it. I think that department got their butts chewed.
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