Public Accommodation Law Examples
Florida Public Accommodations Law
Definition of Public Accommodations
Source: Florida Title 44 (Section 760.02):
“Public accommodations” means places of public accommodation, lodgings, facilities principally engaged in selling food for consumption on the premises, gasoline stations, places of exhibition or entertainment, and other covered establishments. Each of the following establishments which serves the public is a place of public accommodation within the meaning of this section:
(a) Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than four rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his or her residence.
(b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station.
(c) Any motion picture theater, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment.
(d) Any establishment which is physically located within the premises of any establishment otherwise covered by this subsection, or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.
760.07 Remedies for unlawful discrimination.—Any violation of any Florida statute making unlawful discrimination because of race, color, religion, gender, pregnancy, national origin, age, handicap, or marital status in the areas of education, employment, housing, or public accommodations gives rise to a cause of action for all relief and damages described in s. 760.11(5), unless greater damages are expressly provided for. If the statute prohibiting unlawful discrimination provides an administrative remedy, the action for equitable relief and damages provided for in this section may be initiated only after the plaintiff has exhausted his or her administrative remedy. The term “public accommodations” does not include lodge halls or other similar facilities of private organizations which are made available for public use occasionally or periodically. The right to trial by jury is preserved in any case in which the plaintiff is seeking actual or punitive damages.
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Laycock Public Accommodations Language Example
Source: Minnesota SF 2158 (2015):
Subd. 2. Private protections. (a) No individual, sole proprietorship, or small business shall be required to provide services, accommodations, facilities, goods, or privileges that assist or promote the solemnization, formation, or celebration of any marriage, or that directly facilitate the development or perpetuation of any marriage, such as counseling or similar services, if that action would cause the individual or business to violate a sincerely held belief regarding whether marriage is only the union of one man and one woman.
(b) For purposes of this subdivision, “small business” means a legal entity other than a natural person:
(1) that provides services that are primarily performed by an owner of the business; or
(2) that has 20 or fewer employees.
(c) Paragraph (a) does not apply if a party to the marriage is unable to obtain similar goods or services, or rental housing elsewhere, without substantial hardship. “Substantial hardship” means that:
(1) there is no individual or business within 30 miles of the location of the solemnization or celebration of the marriage able to provide the desired goods or services and both parties would incur a substantial increase in the cost by procuring similar goods or services from an individual or business located more than 30 miles from that location; or
(2) there is no other individual or business able to provide the desired goods or services within the time frame needed for the solemnization or celebration of the marriage.
Subd. 3. Government entities. No governmental employee or official shall be required to provide services that assist or promote the solemnization, formation, or celebration of any marriage if that action would cause the employee or official to violate a sincerely held belief that marriage is only the union of one man and one woman, unless another employee or official is not promptly available and willing to provide the requested governmental service without inconvenience or delay.
Subd. 4. Immunity. No refusal to provide services, accommodations, facilities, goods, or privileges protected by this section shall result in a civil or criminal cause of action or complaint, including an action or proceeding under this chapter, or any action by the state or a political subdivision to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses, from any protected person or organization.
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Civil Rights Act of 1964
Definition of Place of Public Accommodation
Civil Rights Act of 1964, Title II:
SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;
(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.
(c) The operations of an establishment affect commerce within the meaning of this title if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.
(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.
(e) The provisions of this title shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).
This resource is part of the Public Accomodation Law topic.