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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 as v ...
, 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 an ...
s, recreational facilities, and service centers. Under
U.S. federal 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 as va ...
, 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. ...
to the disabled and may not discriminate on the basis of "race, color, religion, or national origin." Private clubs were specifically exempted under federal lawSec. 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 The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
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 In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
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 The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
* 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 19 ...


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 ''Roberts v. United States Jaycees'', 468 U.S. 609 (1984), was a decision of the Supreme Court of the United States overturning the United States Court of Appeals for the Eighth Circuit's application of a Minnesota antidiscrimination law. The ca ...
'', 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 o ...
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 ad ...
organization for men between the ages of 18 and 36, to be a public accommodation, thus compelling it to admit women.


See also

* Anti-discrimination law * Civil Rights Act of 1875 *
List of cities and counties in the United States offering an LGBT non-discrimination ordinance Employment discrimination on the basis of sexual orientation or gender identity is prohibited in the United States as per the United States Supreme Court ruling in '' Bostock v. Clayton County'' on June 15, 2020. A number of cities and countie ...
*
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

* * * * * * * *{{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