Public accommodation
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In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, 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.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 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 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 sover ...
have various laws (non- uniform) 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 *
Title III The English Language Acquisition, Language Enhancement, and Academic Achievement Act - formerly known as the Bilingual Education Act - is a federal grant program described in Title III Part A of the federal Elementary and Secondary Education Act ...
of the Americans with Disabilities Act of 1990


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 The social attitudes toward and legal status of breastfeeding in public vary widely in cultures around the world. In many countries, both in the Global South and in a number of Western countries, breastfeeding babies in open view of the general pu ...
. 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 declared the previously all-male United States Junior Chamber, 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 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 the ...
*
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


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