Facts About Public Accommodations Complaint

Local Ordinance 199-94 protects individuals against discrimination in public accommodations.  It is unlawful practice to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations on the bases of race, color, religion, national origin, sexual orientation and gender identity. 

What is Covered

Local Ordinance 199-94 defines a place of public accommodation as “any place, store, or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public or which is supported directly or indirectly by government funds.” 

Sex Discrimination Coverage Under Public Accommodation

Sex as a protected basis under the public accommodation statute only applies in certain circumstances.  Local Ordinance 199-94 prohibits sex discrimination in public accommodations only when an individual is denied the full and equal enjoyment of a service of:  a restaurant, hotel, motel, or any facility supported directly or indirectly by government funds. 

Provisions of the local ordinance pertaining to sex discrimination shall not apply to: restrooms, shower rooms, bath houses, facilities similar in nature, YMCA, YWCA, dormitories, hospitals, nursing homes and penal facilities (facilities that require men and women to be in the same room). 

Examples of Public Accommodation

Examples of public accommodations include:  places of lodging, establishments serving food or drink, places of entertainment or exhibition, places of public gatherings, service establishments, stations for public transportation, places of public display, places of recreation, places of education, social service centers or establishments and places of exercise or recreation. 

Public Accommodation Exemptions

The following are not considered places of public accommodation under Local Ordinance 199-94:

A private club, resort or amusement if its policies are determined by its members and its facilities or services are available only to its members and their bona fide guests.

A rooming or boarding house containing not more than one room for rent or hire and which is within a building occupied by the proprietor as his/her residence. 

Religious Organizations, Activities & Facilities

Religious organizations are exempt under Local Ordinance 199-94 if the application of the local laws would not be consistent with the religious tenets of the organization.  The organization is not considered a religious organization if it teaches or advocates hatred based on race, color or national origin. 

A religious organization that sponsors non-religious activities that are operated and governed by the organization and open to the public can not deny participation in those activities based on disability, race, color, religion or national origin.

Public Restrooms

Places of public accommodation that provide public restrooms are required to provide accessible restrooms for people with disabilities.