PRIA, Government Policy, Made Personal

Summary

Everyone must be allowed to use and enjoy public businesses and places. They must not be turned away, kept apart, or treated worse because of their race, skin color, religion, or where they come from. The rule covers businesses that affect interstate commerce or that get support from the government. Covered places include hotels and short-stay lodgings (but not a building with five or fewer rooms where the owner lives), places that sell food to eat on site and gas stations, and movie theaters, concert halls, stadiums, and similar entertainment sites. Businesses inside or serving those places are covered too. A place “affects commerce” when it is tied to travel, trade, transport, or communication between states, Washington, D.C., U.S. territories, or other countries—for example, lodging always counts; food or gas places count if they serve travelers or sell goods that moved in commerce; entertainment counts if it presents films or performances that move in commerce. Discrimination backed by a law, official practice, or required by government action also counts. Truly private clubs closed to the public are not covered unless they open facilities to customers of a covered place.

Title 42, §2000a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Equal access

All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

(b)Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments

Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action:

(1)any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2)any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;

(3)any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and

(4)any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.

(c)Operations affecting commerce; criteria; “commerce” defined

The operations of an establishment affect commerce within the meaning of this subchapter if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.

(d)Support by State action

Discrimination or segregation by an establishment is supported by State action within the meaning of this subchapter if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

(e)Private establishments

The provisions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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of 2009 Amendment Pub. L. 111–2, § 1, Jan. 29, 2009, 123 Stat. 5, provided that: “This Act [amending section 2000e–5 and 2000e–16 of this title and section 626, 633a, and 794a of Title 29, Labor, and enacting provisions set out as notes under section 2000e–5 of this title] may be cited as the ‘Lilly Ledbetter Fair Pay Act of 2009’.”

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of 1992 Amendment Pub. L. 102–411, § 1, Oct. 14, 1992, 106 Stat. 2102, provided that: “This Act [amending section 2000e–4 of this title] may be cited as the ‘EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992’.”

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of 1972 Amendment Pub. L. 92–261, § 1, Mar. 24, 1972, 86 Stat. 103, provided: “That this Act [enacting section 2000e–16 and 2000e–17 of this title, amending section 5108 and 5314 to 5316 of Title 5, Government Organization and Employees, and sections 2000e to 2000e–6, 2000e–8, 2000e–9, 2000e–13, and 2000e–14 of this title, and enacting provisions set out as a note under section 2000e–5 of this title] may be cited as the ‘Equal Employment Opportunity Act of 1972’.”

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Pub. L. 88–352, § 1, July 2, 1964, 78 Stat. 241, provided: “That this Act [enacting subchapters II to IX of this chapter, amending section 2204 and 2205 of former Title 5, Executive Departments and Government Officers and Employees, section 1447(d) of Title 28, Judiciary and Judicial Procedure, and section 1971 and 1975a to 1975d of this title, and enacting provisions set out as a note under section 2000e of this title] may be cited as the ‘Civil Rights Act of 1964’.”

§2000a Prohibition Against Discrimination or Segregation in Places of Public Accommodation

Summary

Title 42, §2000a

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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Citations & Metadata