Public Accommodations Laws: 50-State Survey
The federal Civil Rights Act of 1964 prohibits discrimination based on certain protected characteristics in various areas of life. Title II of the Civil Rights Act applies to “public accommodations,” which are places like hotels, restaurants, movie theaters, and stadiums that are open to the public for purposes like lodging, eating, and entertainment. Their operations generally must affect interstate commerce for Title II to apply. (Section 2000a describes covered accommodations in more detail.) The characteristics protected by Title II are race, color, religion, and national origin.
Another federal law, Title III of the Americans With Disabilities Act, prohibits discrimination by public accommodations based on a disability. Section 12181 defines public accommodations more broadly than does Title II of the Civil Rights Act. Some further examples include grocery stores, clothing stores, shopping centers, banks, barber shops, beauty shops, pharmacies, doctor’s offices, hospitals, public transportation terminals, museums, parks, amusement parks, schools, and gyms, among others. Again, their operations must affect interstate commerce.
States also have enacted laws for public accommodations. Some of these laws closely resemble federal law, while others diverge significantly. A few states protect no characteristics other than disability. In contrast, some states protect many more characteristics than those protected by federal law. When federal and state laws vary, the more expansive law applies.
This survey summarizes the main public accommodations laws at the state level, including protected characteristics, covered places, and prohibited conduct. To learn more, or to explore your legal options, you can contact a civil rights lawyer in your area. They can provide guidance tailored to your situation.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Alabama Public Accommodations Law
- Key law: Code of Alabama Section 21-7-3
- Protected characteristics: Disability
- Covered places: Common carriers, planes, vehicles, trains, buses, streetcars, boats, other public conveyances or modes of transportation, hotels, timeshares that are transient public lodging establishments, lodging places, and places of public accommodation, amusement, or resort, as well as other places to which the public is invited
A person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in a public accommodation. These venues must modify their policies, practices, and procedures to permit the use of a service animal by a person with a disability.
Alaska Public Accommodations Law
- Key law: Alaska Statutes Section 18.80.230
- Protected characteristics: Sex, disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, and national origin (including ancestry)
- Covered places: Public inns, restaurants, hotels, motels, taverns, nightclubs, resorts, campgrounds, barber shops, beauty parlors, theaters, swimming pools, cafes, transportation companies, and other places listed in Section 18.80.300
A public accommodation must not refuse, withhold, or deny services, goods, facilities, advantages, or privileges based on a protected characteristic. It must not publish a communication, notice, or ad that indicates that any of its services, goods, facilities, advantages, or privileges will be refused, withheld, or denied to a person with a particular protected characteristic. This type of communication also must not indicate that the patronage of anyone with a particular protected characteristic is unwelcome, not desired, or not solicited. (Physical fitness facilities may limit public accommodations in certain areas to only males or only females to protect the privacy interests of consumers.)
Arizona Public Accommodations Law
- Key law: Arizona Revised Statutes Section 41-1442; Section 41-1492.02 (disability)
- Protected characteristics: Race, color, religion, sex (explicitly interpreted to include sexual orientation and gender identity), national origin, ancestry, and disability
- Covered places: For Section 41-1442, public places of entertainment, amusement, or recreation, as well as public places where food or beverages are sold for consumption on the premises, public places that are conducted for the lodging of transients or for the benefit, use, or accommodation of people seeking health or recreation, and establishments that cater or offer services, facilities, or goods to the public or solicit their patronage; for Section 41-1492.02, Section 41-1492 lists numerous covered places
Section 41-1442, which covers protected characteristics other than disability, prohibits refusing, withholding, or denying accommodations, advantages, facilities, or privileges based on a protected characteristic. It also prohibits making a distinction based on a protected characteristic in connection with the price or quality of an item, goods, or services offered by or at a place of public accommodation. (The statute contains certain narrow exceptions.)
Section 41-1492.02 prohibits discrimination based on a disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. The statute describes numerous prohibited acts and practices.
Arkansas Public Accommodations Law
- Key law: Arkansas Code Section 16-123-107
- Protected characteristics: Race, religion, national origin, gender (including pregnancy), and disability
- Covered places: Places, stores, or other establishments that supply accommodations, goods, or services to the public, that solicit or accept the patronage or trade of the public, or that are supported by government funds
An otherwise qualified person has a right to be free from discrimination based on a protected characteristic. This includes the right to the full enjoyment of the accommodations, advantages, facilities, or privileges of a place of public resort, accommodation, assemblage, or amusement.
(In addition, Section 20-14-303 provides that people with physical disabilities have the same rights and privileges as other people to the full use and enjoyment of places such as common carriers, places of public accommodation, amusement, or resort, and all other places to which the public is invited.)
California Public Accommodations Law
- Key law: California Civil Code Section 51
- Protected characteristics: Sex (including pregnancy and gender identity and expression), race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, and immigration status
- Covered places: “Business establishments” (not specifically defined by statute)
Everyone is entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, regardless of any protected characteristic. Section 51.5 prohibits business establishments from discriminating against, boycotting, blacklisting, or refusing to buy from, contract with, sell to, or trade with anyone based on a protected characteristic. Section 51.6 further provides that business establishments must not discriminate based on gender regarding the price charged for similar services.
(In addition, Section 54.1 provides that people with disabilities are entitled to full and equal access to accommodations, advantages, facilities, and privileges of places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Colorado Public Accommodations Law
- Key law: Colorado Code Section 24-34-601
- Protected characteristics: Disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, and ancestry
- Covered places: Businesses engaged in sales to the public and places offering services, facilities, privileges, advantages, or accommodations to the public, including businesses offering wholesale or retail sales and places to eat, drink, sleep, or rest, as well as sporting or recreational areas and facilities, public transportation facilities, barber shops, swimming pools, massage parlors, gyms, campsites, trailer camps, dispensaries, clinics, hospitals, educational institutions, public buildings, parks, arenas, theaters, auditoriums, museums, libraries, and other places listed in Section 24-34-601
A person must not refuse, withhold, or deny the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation based on a protected characteristic. Moreover, a person must not publish a communication, notice, or ad indicating that this will occur, or that a person’s patronage or presence at a place of public accommodation is unwelcome, objectionable, unacceptable, or undesirable based on a protected characteristic. (Admission to a place of public accommodation may be restricted to people of one sex if this has a good-faith relationship to its goods, services, facilities, privileges, advantages, or accommodations.) Section 24-34-701 provides further prohibitions against discriminatory advertising by public accommodations.
Connecticut Public Accommodations Law
- Key law: Connecticut General Statutes Section 46a-64; Section 46a-81d (sexual orientation and civil union status); Section 46a-80k (erased criminal history record information)
- Protected characteristics: Race, creed, color, national origin, ancestry, sex (including pregnancy), gender identity or expression, sexual orientation or civil union status, marital status, age, lawful source of income, disability, veteran status, domestic violence victim status, erased criminal history record information, and breastfeeding status
- Covered places: Establishments that cater or offer their services, facilities, or goods to the public, including a commercial property or building lot on which it is intended that a commercial building will be constructed or offered for sale or rent
These parallel statutes generally prohibit denying full and equal accommodations in a place of public accommodation, resort, or amusement based on a protected characteristic. They also generally prohibit discriminating, segregating, or separating based on a protected characteristic. (The breastfeeding provision simply prohibits a place of public accommodation, resort, or amusement from restricting or limiting the right of a mother to breastfeed her child.) The prohibitions against discrimination based on sex, age, disability, creed, and lawful source of income each contain exceptions.
Delaware Public Accommodations Law
- Key law: 6 Delaware Code Section 4504
- Protected characteristics: Race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, and national origin
- Covered places: Establishments that cater or offer goods, services, facilities, privileges, advantages, or accommodations to the public, or solicit patronage from the public, including state agencies, local government agencies, and state-funded agencies performing public functions (and including hotels and motels catering to the transient public)
A place of public accommodation must not refuse, withhold, or deny any of its accommodations, facilities, advantages, or privileges based on a protected characteristic. It also must not publish a communication, notice, or ad indicating that any of its accommodations, facilities, advantages, and privileges will be refused, withheld, or denied based on a protected characteristic, or that the patronage of anyone with a particular protected characteristic is unlawful, objectionable, unacceptable, undesired, not accommodated, or not solicited. Moreover, a public accommodation must not use a communication, notice, or ad to indicate that the patronage of anyone with a particular protected characteristic is preferred or particularly welcomed, desired, or solicited. More specific protections apply to people with disabilities.
(In addition, 16 Delaware Code Section 9502 provides that people with physical disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Florida Public Accommodations Law
- Key law: Florida Statutes Section 760.08
- Protected characteristics: Race, color, national origin, sex (explicitly interpreted to include sexual orientation and gender identity), pregnancy, handicap, familial status, and religion
- Covered places: Places of public accommodation, lodgings, facilities principally engaged in selling food for consumption on the premises, gas stations, places of exhibition or entertainment, and other covered establishments, including places described in Section 760.02
Section 760.08 provides that everyone is entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation without discrimination or segregation based on a protected characteristic.
(In addition, Section 413.08 provides that anyone with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations, as defined by that statute.)
Georgia Public Accommodations Law
- Key law: Georgia Code Section 30-4-2
- Protected characteristics: Disability
- Covered places: Common carriers, planes, vehicles, trains, buses, streetcars, boats, and other public conveyances or modes of transportation, as well as hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the public is invited
Blind people, people with visual disabilities, people with physical disabilities, and deaf people are entitled to full and equal accommodations, advantages, facilities, and privileges in the places above. The statute provides specific rules for guide dogs and service dogs.
Hawaii Public Accommodations Law
- Key law: Hawaii Revised Statutes Section 489-3; Section 489-21 (breastfeeding status)
- Protected characteristics: Race, sex (including gender identity or expression), sexual orientation, color, religion, ancestry, disability, and breastfeeding status
- Covered places: A business, accommodation, refreshment, entertainment, recreation, or transportation facility whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public as customers, clients, or visitors (Section 489-2 provides numerous examples)
These laws prohibit unfair discriminatory practices that deny the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation based on a protected characteristic. Section 489-4 provides an exception for separate facilities or schedules for female and male patrons when this is a good-faith requirement to protect personal privacy rights.
Section 489-5 prohibits denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations because of the known disability of someone with whom the person being denied is known to have a relationship or association.
(In addition, Section 347-13 provides that people with disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Idaho Public Accommodations Law
- Key law: Idaho Code Section 67-5909
- Protected characteristics: Race, color, religion, sex, national origin (including ancestry), and disability
- Covered places: A business, accommodation, refreshment, entertainment, recreation, or transportation facility whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public
One subsection of the statute, which applies to protected characteristics other than disability, prohibits denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation based on a protected characteristic. It also prohibits publishing a statement, ad, or sign indicating that the full and equal enjoyment of the goods, services, facilities, privileges, or advantages of a place of public accommodation will be refused, withheld, or denied based on a protected characteristic, or that someone’s patronage or presence there is objectionable, unwelcome, unacceptable, or undesirable based on a protected characteristic.
A separate subsection prohibits denying someone the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation based on a disability. This subsection provides additional specific protections for people with disabilities.
(In addition, Section 56-703 provides that people with disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodations, amusement, or resort, and other places to which the public is invited.)
Illinois Public Accommodations Law
- Key law: 775 Illinois Compiled Statutes Section 5/5-102
- Protected characteristics: Race, color, religion, national origin, ancestry, age (40 and older), sex, marital status, order of protection status, disability, military status, sexual orientation (including gender-related identity), pregnancy, and unfavorable discharge from military service
- Covered places: Inns, hotels, motels, restaurants, bars, movie theaters, concert halls, stadiums, convention centers, grocery stores, clothing stores, shopping centers, banks, barber shops, beauty shops, funeral parlors, gas stations, pharmacies, doctor’s offices, hospitals, public conveyances, transportation terminals and depots, museums, libraries, parks, zoos, amusement parks, day care centers, schools, senior citizen centers, homeless shelters, gyms, and various other locations specified by Section 5/5-101
The law prohibits denying or refusing the full and equal enjoyment of the facilities, goods, and services of a public place of accommodation based on a protected characteristic. It also prohibits an operator of a place of public accommodation from publishing a communication that the operator knows to indicate that any of the facilities of the place of public accommodation will be denied to someone based on a protected characteristic, or that anyone is unwelcome, objectionable, or unacceptable there because of discrimination based on a protected characteristic. A separate provision prohibits a public official from denying or refusing the full and equal enjoyment of the accommodations, advantages, facilities, or privileges of their office or services, or property under their care, based on a protected characteristic.
Section 5/5-103 provides certain narrow exemptions. For example, an inn, hotel, or rooming house does not violate the prohibition against sex discrimination by restricting the rental of rooms to people of one sex.
(In addition, Section 30/3 provides that people with physical disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Indiana Public Accommodations Law
- Key law: Indiana Code Section 22-9-1-2
- Protected characteristics: Race, religion, color, sex, disability, national origin, and ancestry
- Covered places: Any establishment that caters or offers its services, facilities, or goods to the public
The statute generally provides that all citizens must have an equal opportunity for access to public conveniences and accommodations, and that segregation or separation based solely on a protected characteristic must be eliminated. Any practice involving denying these rights to properly qualified people based on a protected characteristic is considered a discriminatory practice.
Section 22-9-9-4 provides a very narrow rule forbidding motels, hotels, and other places that provide lodging for compensation from refusing to rent or lease a room to someone because they are under 21 years old if they are on active duty in the armed forces.
Iowa Public Accommodations Law
- Key law: Iowa Code Section 216.7
- Protected characteristics: Race, creed, color, sex, sexual orientation, gender identity, national origin, religion, and disability
- Covered places: Places, establishments, and facilities that cater or offer services, facilities, or goods for a fee or charge to non-members of any organization or association using the place, establishment, or facility; offering services, facilities, or goods for free is considered a public accommodation if the accommodation receives governmental support or subsidy
The statute prohibits a public accommodation from refusing or denying its accommodations, advantages, facilities, services, or privileges based on a protected characteristic, or otherwise discriminating based on a protected characteristic in providing its accommodations, advantages, facilities, services, or privileges. It also prohibits advertising or otherwise indicating or publicizing that the patronage of anyone with a particular protected characteristic is unwelcome, objectionable, not acceptable, or not solicited. The statute contains a few narrow exceptions.
(In addition, Section 216C.4 provides that people with disabilities are entitled to full and equal accommodations, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Kansas Public Accommodations Law
- Key law: Kansas Statutes Section 44-1009
- Protected characteristics: Race, religion, color, sex (explicitly interpreted to include sexual orientation and gender identity), disability, national origin, and ancestry
- Covered places: Anyone who caters or offers goods, services, facilities, and accommodations to the public, such as lodging establishments, food service establishments, bars, taverns, barbershops, beauty parlors, theaters, skating rinks, bowling alleys, billiard parlors, amusement parks, recreation parks, swimming pools, lakes, gyms, mortuaries, cemeteries, and public transportation facilities
The statute prohibits a place of public accommodation from refusing or denying its goods, services, facilities, and accommodations based on a protected characteristic, and from making a distinction in offering its goods, services, facilities, and accommodations based on a protected characteristic. There is an exception for situations in which a distinction based on sex is necessary because of the intrinsic nature of the accommodation.
(In addition, Section 39-1101 provides that people with disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Kentucky Public Accommodations Law
- Key law: Kentucky Revised Statutes Section 344.120; Section 344.145 (sex)
- Protected characteristics: Disability, race, color, religion, national origin, and sex
- Covered places: For Section 344.120, places, stores, and other establishments that supply goods or services to the public, solicit or accept the patronage or trade of the public, or are supported by government funds; for Section 344.145, restaurants, hotels, motels, and facilities supported by government funds
Section 344.120, which covers protected characteristics other than sex, prohibits denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement based on a protected characteristic. Similarly, Section 344.140 prohibits publishing a communication, notice, or ad indicating that the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement will be refused, withheld, or denied based on a protected characteristic other than sex, or that the patronage or presence of someone is objectionable, unwelcome, unacceptable, or undesirable based on a protected characteristic other than sex.
Section 344.145 prohibits denying someone the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a covered accommodation based on sex. Some specific exemptions apply. For example, hospitals and nursing homes do not need to require men and women to be in the same room.
Louisiana Public Accommodations Law
- Key law: Louisiana Revised Statutes Section 51:2247; Section 51:2247.1 (breastfeeding status)
- Protected characteristics: Race, creed, color, religion, sex, age, disability, national origin, and breastfeeding status
- Covered places: Places, stores, or other establishments that supply goods or services to the public, solicit or accept the patronage or trade of the public, or are supported by government funds
These laws prohibit denying someone the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement based on a protected characteristic. Section 51:2248 further prohibits publishing a communication, notice, or ad indicating that the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement will be refused, withheld, or denied based on race, color, religion, disability, or national origin, or that the patronage or presence of someone at a place of public accommodation, resort, or amusement is objectionable, unwelcome, unacceptable, or undesirable based on their race, color, religion, disability, or national origin.
(In addition, Section 46:1953 provides that everyone with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Maine Public Accommodations Law
- Key law: 5 Maine Revised Statutes Section 4592
- Protected characteristics: Race, color, sex, sexual orientation, gender identity, age, disability, religion, ancestry, and national origin
- Covered places: Numerous places described by Section 4553, including inns, hotels, motels, restaurants, bars, taverns, movie theaters, concert halls, stadiums, auditoriums, convention centers, grocery stores, clothing stores, shopping centers, garages, gas stations, banks, barber shops, beauty shops, funeral parlors, law firms, pharmacies, doctor’s offices, hospitals, dispensaries, clinics, public transportation terminals and depots, museums, libraries, parks, zoos, amusement parks, gyms, swimming pools, schools, day care centers, senior citizen centers, homeless shelters, municipal buildings, courthouses, and town halls, as well as any establishment that caters or offers its goods, facilities, or services to the public, or solicits or accepts patronage from the public
The law prohibits a public accommodation from refusing, withholding, or denying the full and equal enjoyment of the accommodations, advantages, facilities, goods, services, or privileges of public accommodation based on a protected characteristic, or discriminating against someone in the price, terms, or conditions on which access to accommodations, advantages, facilities, goods, services, and privileges may depend. (The statute provides more specific protections for people with disabilities.) Moreover, it prohibits publishing a notice or ad indicating that any of the accommodations, advantages, facilities, and privileges of a place of public accommodation are refused, withheld, or denied to anyone based on a protected characteristic, or that the patronage of anyone with a particular protected characteristic is unwelcome, objectionable, unacceptable, undesired, or unsolicited. A notice or ad also cannot indicate that the clientele of a place of public accommodation is restricted to a particular group defined by a protected characteristic.
The statute separately prohibits a public accommodation for lodging from refusing, withholding, or denying that lodging to anyone because they are accompanied by a child, with some exceptions. A public accommodation must not designate a single-occupancy toilet facility for use only by members of one sex.
A public accommodation must not exclude someone or deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to them because of the known protected characteristic of someone with whom they are known to have a relationship or association.
An entity is not required to permit someone to participate in or benefit from the goods, services, facilities, privileges, advantages, and accommodations of that entity if the person poses a direct threat to the health or safety of others.
Maryland Public Accommodations Law
- Key law: Maryland Government Code Section 20-304
- Protected characteristics: Race, sex, age, color, creed, national origin, marital status, sexual orientation, gender identity, and disability
- Covered places: Establishments that provide lodging to transient guests (such as inns, hotels, and motels), facilities principally engaged in selling food or alcohol (such as restaurants and cafeterias), places of exhibition and entertainment (such as movie theaters, concert halls, sports arenas, and stadiums), and retail establishments that offer goods, services, entertainment, recreation, or transportation, as well as an establishment that is physically located within the premises of a covered establishment, or within the premises of which a covered establishment is located, if it holds itself out as serving patrons of the covered establishment
The law prohibits a place of public accommodation from refusing, withholding, or denying any of the accommodations, advantages, facilities, or privileges of the place of public accommodation based on a protected characteristic. Section 20-305 provides more specific rules involving reasonable accommodations for people with disabilities.
Section 20-303 provides certain narrow exceptions. For example, the prohibition against sex discrimination does not apply to a facility that is uniquely private and personal in nature and designed to accommodate only a particular sex.
(In addition, Human Services Code Section 7-704 provides that people with disabilities are entitled to full and equal rights and privileges regarding places such as common carriers, places of public accommodations, and other places to which the public is invited.)
Massachusetts Public Accommodations Law
- Key law: Massachusetts General Laws Chapter 272 Section 98
- Protected characteristics: Race, color, religious creed, national origin, sex, gender identity, sexual orientation, disability, and ancestry
- Covered places: Places that are open to the public and accept or solicit the patronage of the public, such as inns, taverns, hotels, shelters, motels, resorts, public transportation stations and terminals, gas stations, garages, retail stores, restaurants, bars, barber shops, beauty parlors, swimming pools, auditoriums, theaters, libraries, museums, hospitals, dispensaries, clinics, and other places described in Section 92a
Section 98 provides that everyone has a right to the full and equal accommodations, advantages, facilities, and privileges of any place of public accommodation, resort, or amusement. The statute thus prohibits making a distinction, discrimination, or restriction based on a protected characteristic related to the admission of a person to a place of public accommodation, resort, or amusement, or their treatment there.
Section 92a prohibits publishing an ad, notice, sign, or other material that discriminates against people of any religious sect, creed, class, race, color, denomination, sex, gender identity, sexual orientation, or nationality, or people with disabilities, in the full enjoyment of the accommodations, advantages, facilities, or privileges offered to the public by the place of public accommodation, resort, or amusement. The statute contains certain exemptions from the prohibition against sex discrimination. However, a place of public accommodation, resort, or amusement that lawfully segregates or separates access based on sex must grant everyone admission and the full enjoyment of the place of public accommodation consistent with their gender identity.
Michigan Public Accommodations Law
- Key law: Michigan Compiled Laws Section 37.2302; Section 37.1302 (disability)
- Protected characteristics: Religion, race, color, national origin (including ancestry), age, sex, sexual orientation, gender identity or expression, marital status, and disability
- Covered places: For Section 37.2302, a business, or an educational, refreshment, entertainment, recreation, health, or transportation facility, or institution, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public (as well as the facilities of country clubs, golf clubs, boating or yacht clubs, sports or athletic clubs, and most dining clubs); for Section 37.1302, a business, educational institution, refreshment, entertainment, recreation, health, or transportation facility whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public
Section 37.2302, which covers protected characteristics other than disability, prohibits denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation based on a protected characteristic. It also prohibits publishing a statement, ad, notice, or sign indicating that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation will be refused, withheld, or denied based on a protected characteristic, or that someone’s patronage or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable based on a protected characteristic. Section 37.2302a provides specific rules for private clubs that fit within the definition of a public accommodation.
Section 37.1302 prohibits denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation based on a disability that is unrelated to a person’s ability to use and benefit from them, or due to the person’s use of adaptive devices or aids. The statute also prohibits publishing a statement, ad, or sign indicating that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations will be refused, withheld, or denied based on a disability unrelated to a person’s ability to use and benefit from them, or due to the person’s use of adaptive devices or aids. Finally, it prohibits publishing a statement, ad, or sign indicating that someone’s patronage or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable based on a disability unrelated to their ability to use and benefit from the goods, services, facilities, privileges, advantages, or accommodations, or due to their use of adaptive devices or aids.
Minnesota Public Accommodations Law
- Key law: Minnesota Statutes Section 363A.11
- Protected characteristics: Race, color, creed, religion, disability, national origin (including ancestry), marital status, sexual orientation (including gender identity), and sex (including pregnancy)
- Covered places: A business, accommodation, refreshment, entertainment, recreation, or transportation facility whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public
The law prohibits denying anyone the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation based on a protected characteristic. It contains numerous additional provisions specific to disability discrimination. However, the law does not require an entity to permit someone to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations of the entity if the person poses a direct threat to the health or safety of others.
Section 363A.24 provides certain limited exemptions. For example, the prohibition against sex discrimination does not apply to restrooms and locker rooms.
(In addition, Section 256C.02 provides that people with physical disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Mississippi Public Accommodations Law
- Key law: Mississippi Code Section 43-6-5
- Protected characteristics: Disability
- Covered places: Common carriers, planes, vehicles, trains, buses, streetcars, boats, and other public conveyances or modes of transportation, as well as hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the public is invited
Physically disabled people are entitled to full and equal access, as are other members of the public, to accommodations, advantages, facilities, and privileges of the covered places above. Section 43-6-7 provides additional rights related to guide dogs and hearing ear dogs.
Missouri Public Accommodations Law
- Key law: Missouri Revised Statutes Section 213.065
- Protected characteristics: Race, color, religion, national origin, sex, ancestry, and disability
- Covered places: Places or businesses offering or holding out to the public goods, services, privileges, facilities, advantages, or accommodations for the peace, comfort, health, welfare, and safety of the public, or public places providing food, shelter, recreation, and amusement, such as inns, hotels, motels, restaurants, cafeterias, gas stations, movie theaters, concert halls, sports arenas, stadiums, public facilities operated by a state or local government, public facilities supported by public funds, and other places described by Section 213.010
The statute prohibits refusing, withholding, or denying any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, or segregating or discriminating against someone in their use, based on a protected characteristic. Section 213.070 further prohibits a place of public accommodation from discriminating based on someone’s association with a person with a particular protected characteristic.
(In addition, Section 209.150 provides that every person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Montana Public Accommodations Law
- Key law: Montana Code Section 49-2-304; Section 49-2-312 (vaccination status)
- Protected characteristics: Sex, marital status, race, age, disability, creed, religion, color, national origin (including ancestry), and vaccination status
- Covered places: A place that caters or offers its services, goods, or facilities to the public, such as a public inn, restaurant, hotel, place where food or alcohol is sold for consumption, motel, tavern, nightclub, trailer park, resort, campground, barbering or manicuring salon, bathroom, theater, swimming pool, cafe, transportation company, or hospital (among other places listed in Section 49-2-101), as well as all other public amusement and business establishments
Section 49-2-304, which covers protected characteristics other than vaccination status, prohibits refusing, withholding, or denying the services, goods, facilities, advantages, or privileges of a public accommodation based on a protected characteristic. It also prohibits publishing a communication, notice, or ad indicating that any of the services, goods, facilities, advantages, or privileges of the public accommodation will be refused, withheld, or denied to anyone with a particular protected characteristic. There is an exception if the distinction is based on reasonable grounds.
Meanwhile, Section 49-2-312 bars a public accommodation from excluding, limiting, segregating, refusing to serve, or otherwise discriminating against someone based on their vaccination status or whether they have an immunity passport.
(In addition, Section 49-4-211 provides that the blind, the visually impaired, and the deaf are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers and all public accommodations.)
Nebraska Public Accommodations Law
- Key law: Nebraska Revised Statutes Section 20-134
- Protected characteristics: Race, creed, color, sex, religion, national origin, disability, and ancestry
- Covered places: Places or businesses offering or holding out to the public goods, services, privileges, facilities, advantages, and accommodations for the peace, comfort, health, welfare, and safety of the public, as well as public places providing food, shelter, recreation, and amusement, such as inns, hotels, motels, restaurants, cafeterias, gas stations, movie theaters, concert halls, sports arenas, stadiums, public facilities operated by a state or local government, public facilities supported by public funds, and other places listed in Section 20-133
The statute prohibits refusing, withholding, or denying any of the accommodations, advantages, facilities, services, or privileges of a public accommodation, or segregating someone in a place of public accommodation, based on a protected characteristic.
(In addition, Section 20-127 provides that a person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Nevada Public Accommodations Law
- Key law: Nevada Revised Statutes Section 651.070
- Protected characteristics: Race, color, religion, national origin, disability, sexual orientation, sex, and gender identity or expression
- Covered places: Numerous places listed by Section 651.050, such as inns, hotels, motels, restaurants, bars, cafeterias, casinos, gas stations, movie theaters, concert halls, sports arenas, auditoriums, convention centers, stadiums, grocery stores, clothing stores, shopping centers, banks, barber shops, beauty shops, funeral parlors, law firms, pharmacies, doctor’s offices, hospitals, public transportation terminals and depots, museums, libraries, parks, zoos, amusement parks, schools, universities, day care centers, senior citizen centers, homeless shelters, gyms, and any other place to which the public is invited or that is intended for public use
The law generally provides that everyone is entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation without discrimination or segregation based on a protected characteristic. However, Section 651.065 provides that the prohibition against sex discrimination does not prevent a place of public accommodation from offering differential or discounted pricing or special offers based on sex for promotion or marketing purposes. Section 651.072 provides rules for making a single-stall restroom as inclusive and accessible as possible to someone of any gender identity or expression. Section 651.075 provides specific rights related to service animals and police dogs.
New Hampshire Public Accommodations Law
- Key law: New Hampshire Revised Statutes Section 354-A:17
- Protected characteristics: Age, sex, gender identity, race, creed, color, marital status, disability, national origin (including ancestry), and sexual orientation
- Covered places: Inns, taverns, hotels, restaurants, eating houses, public conveyances on land or water, bathhouses, barber shops, theaters, golf courses, sports arenas, health care providers, music or other public halls, stores, and other establishments that cater or offer their services, facilities, or goods to the public
The law prohibits refusing, withholding, or denying any of the accommodations, advantages, facilities, or privileges of a place of public accommodation based on a protected characteristic. It also prohibits publishing a communication, notice, or ad indicating that any of the accommodations, advantages, facilities, and privileges of a place of accommodation will be refused, withheld, or denied based on a protected characteristic, or that the patronage of anyone with a particular protected characteristic is unwelcome, objectionable, unacceptable, undesired, or unsolicited.
New Jersey Public Accommodations Law
- Key law: New Jersey Revised Statutes Section 10:5-12
- Protected characteristics: Race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, liability for military service, and nationality
- Covered places: Places such as taverns, hotels, motels, trailer camps, summer camps, day camps, resort camps, retail shops, stores, restaurants, eating houses, boardwalks, auditoriums, meeting places, movie theaters, music halls, swimming pools, amusement and recreation parks, fairs, gyms, dispensaries, clinics, hospitals, public libraries, kindergartens, schools, universities, and other places mentioned in Section 10:5-5
The law prohibits refusing, withholding, or denying any of the accommodations, advantages, facilities, or privileges of a place of public accommodation, or discriminating against anyone in providing them. It also prohibits publishing a communication, notice, or ad indicating that any of the accommodations, advantages, facilities, or privileges of a place of public accommodation will be refused, withheld, or denied based on a protected characteristic, or that the patronage of anyone with a particular protected characteristic is unwelcome, objectionable, unacceptable, undesired, or unsolicited.
The statute provides an exemption from the prohibition against sex discrimination to certain places of public accommodation that by their nature are reasonably restricted exclusively to people of one sex. However, people must be admitted to these places of public accommodation based on their gender identity or expression.
New Mexico Public Accommodations Law
- Key law: New Mexico Statutes Section 28-1-7
- Protected characteristics: Race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, and handicap
- Covered places: Any establishment that provides or offers its services, facilities, accommodations, or goods to the public
The law prohibits a public accommodation from making a distinction in offering or refusing to offer its services, facilities, accommodations, or goods to anyone based on a protected characteristic. Section 28-1-9 provides that the prohibition against sex discrimination does not apply to public restrooms, public showers, public dressing facilities, or sleeping quarters in public institutions.
(In addition, Section 28-7-3 provides that people with physical disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and any other places to which the public is invited.)
New York Public Accommodations Law
- Key law: New York Executive Law Section 296
- Protected characteristics: Race, creed, color, national origin (including ancestry), citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, marital status, and status as a domestic violence victim
- Covered places: Inns, taverns, hotels, motels, restaurants, liquor stores, retail stores, dispensaries, clinics, hospitals, swimming pools, laundries, barber shops, beauty parlors, movie theaters, music halls, amusement and recreation parks, trailer camps, resort camps, fairs, gyms, garages, public conveyances, public transportation terminals and stations, public halls, and other places listed in Section 292
The law prohibits a place of public accommodation, resort, or amusement from refusing, withholding, or denying any of its accommodations, advantages, facilities, or privileges based on a protected characteristic. It also prohibits publishing a communication, notice, or ad indicating that any of the accommodations, advantages, facilities, and privileges of the place will be refused, withheld, or denied based on a protected characteristic (other than domestic violence victim status), or that the patronage of anyone with a particular protected characteristic (other than domestic violence victim status) is unwelcome, objectionable, unacceptable, undesired, or unsolicited. The statute provides specific additional rules for accommodating people with disabilities.
North Carolina Public Accommodations Law
- Key law: North Carolina General Statutes Section 168A-6
- Protected characteristics: Disability
- Covered places: Include any place, facility, store, other establishment, hotel, or motel that supplies goods or services on the premises to the public or that solicits or accepts the patronage or trade of any person
A qualified person with a disability must not be denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation based on a disabling condition.
North Dakota Public Accommodations Law
- Key law: North Dakota Century Code Chapter 14-02.4
- Protected characteristics: Race, color, religion, sex (including pregnancy and explicitly interpreted to include sexual orientation and gender identity), national origin, age (40 and older), disability, marital status, and public assistance recipient status
- Covered places: Every place, establishment, or facility that caters or offers services, facilities, or goods to the public for a fee, charge, or gratuity
The law prohibits someone engaged in providing public accommodations from failing to provide access to the use of any benefit from the services and facilities of the public accommodations based on a protected characteristic. It also prohibits giving adverse, unlawful, or unequal treatment to someone regarding the availability of the services and facilities, the price for them, the scope and equality of them, or the terms and conditions under which they are made available based on a protected characteristic. Moreover, it prohibits advertising or otherwise indicating or publicizing that the patronage of a person with a particular protected characteristic is unwelcome, objectionable, unacceptable, or unsolicited.
Ohio Public Accommodations Law
- Key law: Ohio Revised Code Section 4112.02
- Protected characteristics: Race, color, religion, sex (explicitly interpreted to include sexual orientation and gender identity), military status, national origin, disability, age (40 and older), and ancestry
- Covered places: Any inn, restaurant, eating house, barbershop, public conveyance, theater, store, other place for the sale of merchandise, or any other place of public accommodation or amusement of which the accommodations, advantages, facilities, or privileges are available to the public
The law prohibits a place of public accommodation from denying the full enjoyment of its accommodations, advantages, facilities, or privileges based on a protected characteristic.
Oklahoma Public Accommodations Law
- Key law: 25 Oklahoma Statutes Section 1402
- Protected characteristics: Race, color, religion, sex, national origin, age, and disability
- Covered places: Any place, store, or other establishment that supplies goods or services to the public, solicits or accepts the patronage or trade of the public, or is supported by government funds
The law prohibits denying someone the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation based on a protected characteristic.
Oregon Public Accommodations Law
- Key law: Oregon Revised Statutes Section 659A.403; Section 659A.142 (disability)
- Protected characteristics: Race, color, religion, sex, sexual orientation, gender identity, national origin (including ancestry), marital status, age, and disability
- Covered places: Any place or service offering to the public accommodations, advantages, facilities, or privileges (such as goods, services, lodgings, amusements, or transportation), any place open to the public and owned or maintained by a public body, and any service to the public that is provided by a public body
Under Section 659A.403, which covers protected characteristics other than disability, all people are entitled to the full and equal accommodations, advantages, facilities, and privileges of any place of public accommodation, without any distinction, discrimination, or restriction based on a protected characteristic. Section 659A.409 prohibits a place of public accommodation from publishing a communication, notice, ad, or sign indicating that any of its accommodations, advantages, facilities, services, or privileges will be refused, withheld, or denied to anyone (or that discrimination will occur) based on a protected characteristic other than disability.
Section 659A.142 prohibits a place of public accommodation, resort, or amusement from making a distinction, discrimination, or restriction because a customer or patron is a person with a disability.
Pennsylvania Public Accommodations Law
- Key law: 43 Pennsylvania Statutes Section 955
- Protected characteristics: Race, color, sex (explicitly interpreted to include sexual orientation and gender identity), religious creed, ancestry, national origin, and handicap or disability
- Covered places: Any accommodation, resort, or amusement that is open to, accepts, or solicits the patronage of the public, such as inns, taverns, hotels, motels, restaurants, liquor stores, drug stores, dispensaries, clinics, hospitals, swimming pools, barber shops, beauty parlors, retail stores, theaters, music halls, amusement parks, fairs, gyms, public libraries, schools, universities, non-sectarian cemeteries, garages, public conveyances, transportation stations and terminals, financial institutions, state or local government facilities and services, and other places listed in Section 954
The law prohibits a public accommodation, resort, or amusement from refusing, withholding, or denying any of its accommodations, advantages, facilities, or privileges based on a protected characteristic. It also prohibits publishing a communication, notice, or ad indicating that any of the accommodations, advantages, facilities, and privileges of that place will be refused, withheld, or denied based on a protected characteristic, or that the patronage of a person with a particular protected characteristic is unwelcome, objectionable, unacceptable, undesired, or unsolicited.
A public accommodation must not exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to someone because a person with whom they are known to have a relationship or association has a handicap or disability. It also must not construct, operate, or otherwise make available a place of public accommodation, resort, or amusement that is not accessible.
Rhode Island Public Accommodations Law
- Key law: Rhode Island General Laws Section 11-24-2
- Protected characteristics: Race, color, religion, country of ancestral origin, disability, age, sex, sexual orientation, and gender identity or expression
- Covered places: Inns, taverns, hotels, restaurants, liquor stores, retail stores, dispensaries, clinics, hospitals, barber shops, beauty parlors, theaters, music halls, amusement parks, fairs, gyms, swimming pools, public libraries, garages, public conveyances, public transportation stations and terminals, public housing projects, and other places listed by Section 11-24-3
Section 11-24-2 prohibits a place of public accommodation, resort, or amusement from refusing, withholding, or denying any of its accommodations, advantages, facilities, or privileges based on a protected characteristic. It also prohibits publishing a communication, notice, or ad indicating that any of the accommodations, advantages, facilities, and privileges of a public accommodation place will be refused, withheld, or denied to a person based on a protected characteristic, or that the patronage of a person with a particular protected characteristic is unwelcome, objectionable, unacceptable, undesired, or unsolicited. Section 11-24-3.1 provides that the prohibition against sex discrimination does not require the joint use of restrooms, bath houses, and dressing rooms by males and females.
Section 11-24-7 narrowly prohibits common carriers, innkeepers, and places of public amusement or entertainment from discriminating against people in the armed forces who are wearing their uniforms based on wearing the uniform or being in the military service.
(In addition, Section 42-87-3 provides that no qualified person with a disability, or anyone with a known relationship or association with a person with a disability, may face discrimination based on a disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation covered by the federal ADA.)
South Carolina Public Accommodations Law
- Key law: South Carolina Code of Laws Section 45-9-10; Section 43-33-20 (disability)
- Protected characteristics: Race, color, religion, national origin, and disability
- Covered places: For Section 45-9-10, any of certain establishments listed in the statute that serve the public where discrimination or segregation is supported by state action (as defined by statute), such as inns, hotels, motels, restaurants, cafeterias, gas stations, hospitals, retail establishments, movie theaters, concert halls, sports arenas, and stadiums; for Section 43-33-20, places such as common carriers, planes, vehicles, trains, buses, street cars, boats, and other public conveyances or modes of transportation, as well as hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the public is invited
Section 45-9-10, which covers protected characteristics other than disability, provides that everyone is entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodations without discrimination or segregation based on a protected characteristic.
Section 43-33-20 provides that people with physical disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges of the places listed above. Section 43-33-530 prohibits discriminating against a handicapped person with respect to public accommodations (among other areas) without reasonable justification.
South Dakota Public Accommodations Law
- Key law: South Dakota Codified Laws Section 20-13-23
- Protected characteristics: Race, color, creed, religion, sex, ancestry, disability, and national origin
- Covered places: Any place, establishment, or facility that caters or offers services, facilities, or goods to the public for a fee, charge, or gratuitously
The law prohibits someone engaged in providing public accommodations from failing or refusing to provide access to the use and benefit of these services and facilities based on a protected characteristic. It also prohibits providing adverse, unlawful, or unequal treatment regarding the availability of these services and facilities, the price for them, the scope and equality of them, or the terms and conditions under which they are made available based on a protected characteristic. Moreover, Section 20-13-25 prohibits advertising or otherwise indicating or publicizing that the patronage of a person with a particular protected characteristic is unwelcome, objectionable, unacceptable, or unsolicited.
(In addition, Section 20-13-23.1 provides that a person with a disability is entitled to reasonably equal accommodations, advantages, facilities, and privileges of all places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Tennessee Public Accommodations Law
- Key law: Tennessee Code Section 4-21-501
- Protected characteristics: Race, creed, color, religion, sex, age (40 and older), and national origin (including ancestry)
- Covered places: Any place, store, or other establishment that supplies goods or services to the public, solicits or accepts the patronage or trade of the public, or is supported by government funds
The law prohibits denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement based on a protected characteristic. Meanwhile, Section 4-21-502 prohibits publishing a communication, notice, or ad indicating that the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement will be refused, withheld, or denied based on a protected characteristic (other than age), or that the patronage or presence of someone at a place of public accommodation, resort, or amusement is objectionable, unwelcome, unacceptable, or undesirable based on their protected characteristic.
Section 4-21-503 provides certain exceptions to the prohibition against sex discrimination, involving segregation based on sex in places such as bathrooms, health clubs, and rooms for sleeping or changing clothes.
Texas Public Accommodations Law
- Key law: Texas Statutes Section 121.003
- Protected characteristics: Disability
- Covered places: Any “public facility” as defined by Section 121.002, which includes places such as common carriers, planes, vehicles, trains, buses, streetcars, boats, and other public conveyances or modes of transportation, as well as hotels, motels, government buildings, retail stores, educational facilities, restaurants, and other places of public accommodation, amusement, convenience, or resort to which the public is regularly, normally, or customarily invited
The law generally provides that people with disabilities have the same right as others to the full use and enjoyment of any public facility. For example, nobody with a disability may be denied admission to a public facility because of their disability.
Utah Public Accommodations Law
- Key law: Utah Code Section 13-7-3; Section 13-7a-103 (breastfeeding status); Section 26B-6-802 (disability)
- Protected characteristics: Race, color, sex, pregnancy, breastfeeding status, religion, ancestry, national origin, and disability
- Covered places: For Sections 13-7-3 and 13-7a-103, a place, establishment, or facility that caters or offers services, facilities, or goods to the public for a fee or charge, as well as a place, establishment, or facility that caters or offers services, facilities, or goods to the public gratuitously if it receives a substantial governmental subsidy or support; for Section 26B-6-802, places such as common carriers, hotels, motels, lodges, other places of public accommodation, and places of amusement or resort to which the public is invited
Section 13-7-3, which covers protected characteristics other than breastfeeding status and disability, provides that everyone is entitled to full and equal accommodations, advantages, facilities, privileges, goods, and services in business establishments and places of public accommodation, and by all enterprises regulated by the state, without discrimination based on a protected characteristic. Section 13-7a-103 allows a woman to breastfeed in any place of public accommodation.
Section 26B-6-802 provides that a person with a disability has equal rights to accommodations, advantages, and facilities offered by the places listed in that statute.
Vermont Public Accommodations Law
- Key law: 9 Vermont Statutes Section 4502
- Protected characteristics: Race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, breastfeeding status, and disability
- Covered places: A school, restaurant, store, establishment, or other facility at which services, facilities, goods, privileges, advantages, benefits, or accommodations are offered to the public
The law prohibits a place of public accommodation from refusing, withholding, or denying any of its accommodations, advantages, facilities, and privileges based on a protected characteristic other than breastfeeding status or disability. It contains numerous separate provisions protecting people with disabilities. Meanwhile, a mother is entitled to breastfeed her child in any place of public accommodation where they have a legal right to be.
A public accommodation is not required to permit someone to participate in or benefit from its services, facilities, goods, privileges, advantages, and accommodations when they pose a direct threat to the health or safety of others. A narrow exception from the prohibitions against discrimination based on sex or marital status covers certain very small inns, hotels, and motels.
Virginia Public Accommodations Law
- Key law: Code of Virginia Section 2.2-3904
- Protected characteristics: Race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, sexual orientation, gender identity, marital status, disability, and military status
- Covered places: Places or businesses offering or holding out goods, services, privileges, facilities, advantages, or accommodations to the public
The law prohibits a place of public accommodation from refusing, withholding, or denying any of its accommodations, advantages, facilities, services, or privileges, or segregating or discriminating against someone, based on a protected characteristic. It also prohibits publishing a communication, notice, or ad indicating that any of its accommodations, advantages, facilities, privileges, or services will be refused, withheld, or denied to someone on the basis of their protected characteristic.
(In addition, Section 51.5-44 provides that a person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Washington Public Accommodations Law
- Key law: Revised Code of Washington Section 49.60.215
- Protected characteristics: Race, creed, color, national origin (including ancestry), citizenship or immigration status, sexual orientation (including gender expression or identity), sex, honorably discharged veteran or military status, breastfeeding status, and disability
- Covered places: Places such as any place kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities (numerous examples in Section 49.60.040)
The law prohibits committing an act that results in any distinction, restriction, or discrimination, requiring someone to pay a larger fee than uniform rates charged to other people, or refusing or withholding the admission, patronage, presence, or other use of a place of public resort, accommodation, assemblage, or amusement based on a protected characteristic.
(In addition, Section 70.84.010 provides that people with disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public resort, accommodation, assemblage, or amusement, and all other places to which the public is invited.)
Washington, D.C. Public Accommodations Law
- Key law: District of Columbia Code Section 2-1402.31
- Protected characteristics: Race, color, religion, national origin, sex (including pregnancy), age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status (also including pregnancy), family responsibilities, genetic information, disability, matriculation, political affiliation, source of income, place of residence or business, and homeless status
- Covered places: A person or place that provides access to an accommodation, service, or good, regardless of whether the person or place has a physical location in Washington, D.C. or charges for its goods or services, such as inns, taverns, hotels, motels, restaurants, liquor stores, wholesale and retail stores, banks, insurance companies, dispensaries, clinics, hospitals, swimming pools, laundries, barber shops, beauty parlors, theaters, music halls, amusement parks, fairs, gyms, garages, public conveyances, public transportation stations and terminals, and other places listed in Section 2-1401.02
The statute prohibits denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations based on a protected characteristic. It also prohibits publishing a statement, ad, or sign indicating that the full and equal enjoyment of these goods, services, facilities, privileges, advantages, and accommodations will be unlawfully refused, withheld, or denied, or that someone’s patronage or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable, based on a protected characteristic. Certain limited rules apply to genetic testing and information.
(In addition, Section 7-1002 provides that people with physical and mental disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
West Virginia Public Accommodations Law
- Key law: West Virginia Code Section 5-11-9
- Protected characteristics: Race, religion, color, national origin, ancestry, sex, age (40 and older), and disability
- Covered places: Any establishment or person that offers its services, goods, facilities, or accommodations to the public
The law prohibits refusing, withholding, or denying any of the accommodations, advantages, facilities, privileges, or services of a place of public accommodations based on a protected characteristic. It also prohibits publishing a communication, notice, or ad indicating that any of the accommodations, advantages, facilities, privileges, or services of the place of public accommodations will be refused, withheld, or denied based on a protected characteristic, or that the patronage of someone with a particular protected characteristic is unwelcome, objectionable, unacceptable, undesired, or unsolicited.
(In addition, Section 5-15-4 provides that a person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in places such as common carriers, places of public accommodation, amusement, or resort, and other places to which the public is invited.)
Wisconsin Public Accommodations Law
- Key law: Wisconsin Statutes Section 106.52
- Protected characteristics: Sex, race, color, creed, disability, sexual orientation, national origin, ancestry, and (to a limited extent) age
- Covered places: Places such as lodging establishments, places of business or recreation, restaurants, taverns, barbers, cosmetologists, aestheticians, electrologists, manicuring establishments, nursing homes, clinics, hospitals, cemeteries, and any place where accommodations, amusement, goods, or services are available free or for charge
The law prohibits denying or charging a higher price than the regular rate for the full and equal enjoyment of a public place of accommodation or amusement based on a protected characteristic. (The prohibition against age discrimination applies only to lodging establishments.) It also prohibits giving preferential treatment to some groups of people in providing services or facilities in a public place of accommodation or amusement based on a protected characteristic other than age or disability. The law prohibits publishing a written communication while knowing that it indicates that any of the facilities of a public place of accommodation or amusement will be denied to someone based on their protected characteristic, or that the patronage of a person is unwelcome, objectionable, or unacceptable based on their protected characteristic. (Again, the prohibition against age discrimination applies only to lodging establishments.)
Further provisions involve auto insurance and private facilities commonly rented to the public. The statute also provides specific protections for people with disabilities and service animals.
The statute contains various exceptions involving sex discrimination. For example, the prohibition against sex discrimination does not prevent separate public toilets, showers, saunas, and dressing rooms for people of different sexes, or separate treatment of people based on sex regarding these areas. Further exceptions involving sex discrimination apply to domestic abuse services organizations and fitness centers.
Wyoming Public Accommodations Law
- Key law: Wyoming Statutes Section 6-9-101; Section 35-13-201 (disability)
- Protected characteristics: Race, religion, color, sex, national origin, and disability
- Covered places: For Section 6-9-101, all places or agencies that are public in nature, or that invite the patronage of the public; for Section 35-13-201, any place of public accommodation (as defined in 28 C.F.R. Section 36.104) and any other place to which the public is invited
Section 6-9-101, which covers protected characteristics other than disability, provides that everyone is entitled to the full and equal enjoyment of all accommodations, advantages, facilities, and privileges in the places described above without any distinction, discrimination, or restriction based on a protected characteristic.
Section 35-13-201 provides that a person with a disability must have full and equal accommodations, advantages, facilities, and privileges of any place of public accommodation and any other place to which the public is invited.