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Survey of Federal & State Laws

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Survey of Federal & State Laws Survey of Federal & State Laws: Understanding Your Right To Be Treated Fairly and Without Discriminaon in Restaurants, Stores, and Other Businesses PUBLIC ACCOMMODATION LAWS BASED ON RACE, COLOR, AND/OR NATIONAL ORIGIN Last Updated : September 20, 2020 ** This survey is provided solely for informaonal purposes. Stop AAPI Hate does not warrant the accuracy of the informaon contained herein. Users are encouraged to seek advice from a licensed aorney regarding potenal violaons of any applicable public accommodaon laws. ** CAVEATS (1) This survey reviews general public accommodaon statutes under federal law and the laws of the states and District of Columbia. A review of case law interpreng the scope and applicaon of these statutes as well as a review of other statutes that may provide general an-discriminaon protecons or other indirect legal protecons are beyond the scope of this survey. (2) The scope of public accommodaon statutes differ from jurisdicon to jurisdicon based on differences in how key terms are statutorily defined and the existence of different statutory exempons to the statutes. (3) Addional public accommodaon laws may exist at the local (sub-federal/state) level. A comprehensive survey of which localies have enacted such laws is beyond the scope of this survey. However, in jurisdicons where no statewide public accommodaon laws for individuals based on race, color, or naonal origin exist, an aempt has been made to determine whether local public accommodaon laws exist in major urban centers in those jurisdicons. 1 (4) To the extent this survey indicates no private right of acon exists, that merely indicates no private right of acon is expressly authorized by that jurisdicon’s general public accommodaon statute. It is possible that a private right of acon may be brought under alternave legal theories, the existence of which are beyond the scope of this survey. WARNINGS (1) If pursuing an administrave remedy for a potenal violaon of public accommodaon laws, many jurisdicons require individuals to report any such violaons within a specified me period aer the alleged violaon. Similarly, if pursuing a private right of acon in state court for a potenal violaon of public accommodaon laws, many jurisdicons require individuals to file such acons within a specified me period aer the alleged violaon. Thus, it is important to mely report any such violaons and/or file a private right of acon as soon as praccally possible. (2) In jurisdicons where it is possible to pursue a private right of acon in state court without first pursuing an administrave remedy, carefully consider: (1) the potenal advantages and disadvantages of both remedies before choosing which remedy to pursue; (2) whether pursuing one remedy will prohibit you from pursuing the other remedy as a legal or praccal maer; and (3) whether there are other statutory precondions to pursuing a private right of acon in state court. 2 JURISDICTION PUBLIC ACCOMMODATION STATUTE REPORTING VIOLATIONS United States Title II of the Civil Rights Act of 1964 Reporng Violaons : File a complaint with the Civil Rights Division (42 U.S.C. § 2000a) of the United States Department of Jusce. hps://civilrights.jusce.gov/#report-a-violaon Private right of acon authorized by statute ? Yes. 42 U.S.C. § 2000a-3. Alabama No statewide public accommodaon Reporng Violaons : File a complaint with the Civil Rights Division law for individuals based on race, of the United States Department of Jusce or, if a local public color, or naonal origin. accommodaon law exists, with the specified local agency. Check whether local public hps://civilrights.jusce.gov/#report-a-violaon accommodaon laws ( e.g. , municipal ordinances) exist for your specific locality. Examples of municipalies with public accommodaon ordinances : Birmingham (Birmingham Ordinances 17-121 and 18-188). Alaska Alaska Statutes § 18.80.230 Reporng Violaons : Contact the Alaska Commission for Human Rights. hps://humanrights.alaska.gov/services/complaints/ Private right of acon authorized by statute ? Yes. Alaska Statutes § 22.10.020. 1 Arizona Arizona Revised Statutes § 41-1442 Reporng Violaons : Submit a Civil Rights Intake Quesonnaire to the Arizona Aorney General’s Office. hps://www.azag.gov/complaints/civil-rights Private right of acon authorized by statute ? Yes. Arizona Revised Statutes § 41-1492.08. Arkansas Arkansas Code § 16-123-107 Reporng Violaons : Arkansas does not have a statewide agency designated to receive and process complaints regarding violaons of its state public accommodaon statute. Consider filing a general consumer complaint with the Arkansas Office of the Aorney General. hps://portal.arkansas.gov/agency/aorney-generals-office/ and hps://arkansasag.gov/forms/file-a-consumer-complaint/ Private right of acon authorized by statute ? Yes. Arkansas Code §§ 16-123-105, 16-123-107. California California Civil Code § 51 Reporng Violaons : File a complaint with the California Department of Fair Employment and Housing. hps://www.dfeh.ca.gov/ComplaintProcess/#fileComplaintBody Private right of acon authorized by statute ? Yes. California Civil Code § 52. Colorado Colorado Revised Statutes § Reporng Violaons : File a complaint with the Civil Rights Division 24-34-601 of the Colorado Department of Regulatory Agencies. hps://ccrd.colorado.gov/discriminaon and hps://socgov07-site.secure.force.com/ColoradoCivilRights/ 2 Private right of acon authorized by statute ? Yes, following the exhauson of administrave remedies. Colorado Revised Statutes §§ 24-34-306, 24-34-602. Conneccut Conneccut General Statutes §§ Reporng Violaons : File a complaint with the Conneccut 46a-64, 81d Commission on Human Rights and Opportunies. hps://portal.ct.gov/CHRO/Complaint-Process/Complaint-Process/ How-to-File-a-Discriminaon-Complaint Private right of acon authorized by statute ? No. See, e.g., Wright v. City of Harord , 1998 WL 83670, at *3 (Conn. Super. Feb. 13, 1998). Delaware Delaware Code t. 6, § 4504 Reporng Violaons : File a complaint with the Delaware Division of Human Relaons. hps://statehumanrelaons.delaware.gov/file-discriminaon-comp laint/ Private right of acon authorized by statute ? No. Delaware Code t. 6, § 4508. District of Columbia District of Columbia Code § Reporng Violaons : File a complaint with the District of Columbia 2-1402.31 Office of Human Rights. hps://ohr.dc.gov/service/file-discriminaon-complaint Private right of acon authorized by statute ? Yes. District of Columbia Code § 2-1403.16. Florida Florida Statutes §§ 413.08, 760.08 Reporng Violaons : File a complaint with the Florida Commission on Human Relaons. 3 hps://fchr.myflorida.com/public-accommodaons Private right of acon authorized by statute ? Yes, following the exhauson of administrave remedies. Florida Statutes §§ 760.07, 760.11. Georgia No statewide public accommodaon Reporng Violaons : File a complaint with the Civil Rights Division law for individuals based on race, of the United States Department of Jusce or, if a local public color, or naonal origin / Check accommodaon law exists, with the specified local agency. whether local public accommodaon hps://civilrights.jusce.gov/#report-a-violaon laws ( e.g., municipal ordinances) exist for your specific locality. Examples of municipalies with public accommodaon ordinances : Atlanta (Atlanta Code of Ordinances, ch. 94, arts. II & III, §§ 94-10 to 94-68, 94-120 to 94-121). Hawaii Hawaii Revised Statutes §§ 489-3 to Reporng Violaons : File a Pre-Complaint Quesonnaire with the 489-7 Hawaii Civil Rights Commission. hps://labor.hawaii.gov/hcrc/files/2012/12/PCQ.pdf Private right of acon authorized by statute ? Yes. Hawaii Revised Statutes § 489-7.5. Idaho Idaho Code § 67-5909 Reporng Violaons : Submit an inquiry with the Idaho Human Rights Commission. 4 hps://humanrights.idaho.gov/Idaho-Law/Contexts/Public-Accom modaon Private right of acon authorized by statute ? Yes, following resoluon of complaint filed with the Idaho Commission on Human Rights. Idaho Code § 67-5908. Illinois Illinois Compiled Statutes ch. 775, act Reporng Violaons : Submit an inquiry with the Illinois Department 5, art. 5, §§ 101 to 103 of Human Rights. hps://www2.illinois.gov/dhr/FilingaCharge/Pages/default.aspx Private right of acon authorized by statute ? Yes. Illinois Compiled Statutes ch. 775, act 5, art. 7A, §§ 102, 104. Indiana Indiana Code § 22-9-1-2 Reporng Violaons : File a complaint with the Indiana Civil Rights Commission. h ps://www.in.gov/icrc/2651.htm Private right of acon authorized by statute ? Yes. Indiana Code §§ 22-9-1-16, 22-9-1-17. Iowa Iowa Code § 216.7 Reporng Violaons : File a complaint with the Iowa Civil Rights Commission. h ps://icrc.iowa.gov/file-complaint Private right of acon authorized by statute ? Yes, following the exhauson of administrave remedies. Iowa Code § 216.16. Kansas Kansas Statutes § 44-1001 Reporng Violaons : File a complaint with the Kansas Human Rights Commission. hp://www.khrc.net/complaint.html 5 Private right of acon authorized by statute ? Yes, following the exhauson of administrave remedies. Kansas Statutes § 44-1005. Kentucky Kentucky Revised Statutes §§ Reporng Violaons : File a complaint with the Kentucky 344.120, 344.140, 344.145 Commission on Human Rights. hps://kchr.ky.gov/Pages/File-a-Complaint.aspx Private right of acon authorized by statute ? Yes. Kentucky Revised Statutes §§ 344.270, 344.450. Louisiana Louisiana Revised Statutes § 51:2247 Reporng Violaons : File a Public Accommodaons Discriminaon Intake Form with the Louisiana Commission on Human Rights. hps://gov.louisiana.gov/index.cfm/form/home/28 Private right of acon authorized by statute ? Yes. Louisana Revised Statutes § 51:2264. Maine Maine Revised Statutes t. 5, §§ Reporng Violaons : File a complaint with the Maine Human Rights 4591, 4592 Commission. h ps://www.maine.gov/mhrc/file Private right of acon authorized by statute ? Yes, following the exhauson of administrave remedies. Maine Revised Statutes t. 5, §§ 4621, 4622. Maryland Maryland State Government Code §§ Reporng Violaons : File a complaint with the Maryland 20-301 to 20-305 Commission on Civil Rights. hps://mccr.maryland.gov/Pages/Intake.aspx Private right of acon authorized by statute ? No.
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