In
United States law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well ...
, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include
retail stores The retail format (also known as the retail formula) influences the consumer's store choice and addresses the consumer's expectations. At its most basic level, a retail format is a simple marketplace, that is; a location where goods and services are ...
,
rental establishments, and service establishments as well as
educational institution
An educational institution is a place where people of different ages gain an education, including preschools, childcare, primary-elementary schools, secondary-high schools, and universities. They provide a large variety of learning environments a ...
s,
recreational facilities, and service centers.
Under
U.S. federal law, public accommodations must be
accessible
Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible development ensures both "direct access" (i.e ...
to the disabled and may not discriminate on the basis of "race, color, religion, or national origin." Private clubs were specifically exempted under federal law
[Sec. 201(e), Civil Rights Act of 1964] as well as religious organizations. The definition of public accommodation within the
Title II of the Civil Rights Act of 1964 is limited to "any inn, hotel, motel, or other establishment which provides lodging to transient guests" and so is inapplicable to churches, mosques, synagogues, et al. Section 12187 of the ADA also exempts religious organizations from public accommodation laws, but religious organizations are encouraged to comply.
Most
U.S. states have various laws (non-
uniform
A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, se ...
) that provide for nondiscrimination in public accommodations, and some may be broader than federal law.
Federal law
Federal legislation dealing with public accommodations include these:
*
Title II of the Civil Rights Act of 1964
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Title III of the
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 196 ...
State laws
Many states and their subdivisions prohibited discrimination in places of public accommodation prior to the enactment of Title II of the Civil Rights Act of 1964. By 1964, 31 states had such laws, many dating back to the late 19th century. As of 2015, 45 states have an anti-discrimination public accommodation law for nondisabled individuals.
[Alabama, Georgia, Mississippi, North Carolina and Texas do not have such laws. ] The laws all protect against discrimination based upon race, gender, ethnicity, and religion.
There are 19 states that prohibit discrimination in public accommodation based upon age.
Several states also have protections for
breastfeeding in public. In addition
several states provide for non-discrimination in public accommodation when based upon sexual orientation and/or gender identity.
Private clubs were exempted under federal law
but not in many states' laws. For example, in interpreting a Minnesota law in their 1984 ruling ''
Roberts v. United States Jaycees'', the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
declared the previously all-male
United States Junior Chamber
The United States Junior Chamber, also known as the Jaycees, JCs or JCI USA, is a leadership training, service organization and civic organization for people between the ages of 18 and 40. It is a branch of Junior Chamber International (JCI). ...
, a
chamber of commerce
A chamber of commerce, or board of trade, is a form of business network. For example, a local organization of businesses whose goal is to further the interests of businesses. Business owners in towns and cities form these local societies to ...
organization for men between the ages of 18 and 36, to be a public accommodation, thus compelling it to admit women.
See also
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Anti-discrimination law
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws ...
*
Civil Rights Act of 1875
The Civil Rights Act of 1875, sometimes called the Enforcement Act or the Force Act, was a United States federal law enacted during the Reconstruction era in response to civil rights violations against African Americans. The bill was passed by t ...
*
*
Reasonable accommodation A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, physic ...
References
Further reading
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*{{cite journal , last1=McClain , first1=Linda C. , author-link=Linda McClain , title=Religious and Political Virtues and Values in Congruence or Conflict?: On ''Smith'', ''Bob Jones University'', and ''Christian Legal Society'' , date=2011 , journal=Cardozo Law Review , volume=32 , issue=5 , pages=1959–2007 , ssrn=1833518 , url=http://cardozolawreview.com/content/32-5/McClain.32-5.pdf
*Tevis, Britt P. 2021. "
“Jews Not Admitted”: Anti-Semitism, Civil Rights, and Public Accommodation Laws." ''Journal of American History'', Volume 107, Issue 4, Pages 847–870.
Business terms
Civil rights in the United States
Accommodations