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REFERENCE TITLE: public accommodations; antidiscrimination |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2414 |
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Introduced by Representatives Mach, Mendez, Meyer
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AN ACT
amending sections 41‑1441 and 41‑1442, Arizona Revised Statutes; relating to civil rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1441, Arizona Revised Statutes, is amended to read:
41-1441. Definitions
In this article, unless the context otherwise requires:
1. "Gender identity" means the gender‑related identity, appearance or mannerisms or other gender‑related characteristics of an individual, regardless of the individual's designated sex at birth.
1. 2. "Person" means an individual, corporation, partnership, unincorporated association, or other organization, and includes the owner, lessee, operator, proprietor, manager, superintendent, agent, or employee of any place of public accommodation.
2. 3. "Places of public accommodation" means all public places of entertainment, amusement or recreation, all public places where food or beverages are sold for consumption on the premises, all public places which are conducted for the lodging of transients or for the benefit, use or accommodation of those seeking health or recreation and all establishments which cater or offer their services, facilities or goods to or solicit patronage from the members of the general public. Any dwelling as defined in section 41‑1491, or any private club, or any place which is in its nature distinctly private is not a place of public accommodation.
4. "Sexual orientation" means homosexuality, heterosexuality or bisexuality.
Sec. 2. Section 41-1442, Arizona Revised Statutes, is amended to read:
41-1442. Discrimination in places of public accommodation; exceptions
A. Discrimination in places of public accommodation against any person because of race, color, religion, sex, sexual orientation, gender identity, national origin or ancestry is contrary to the policy of this state and shall be deemed unlawful.
B. No person, directly or indirectly, shall refuse to, withhold from or deny to any person, nor aid in or incite the refusal to deny or withhold, accommodations, advantages, facilities or privileges thereof because of race, color, religion, sex, sexual orientation, gender identity, national origin or ancestry, nor shall distinction be made with respect to any person based on race, color, religion, sex, sexual orientation, gender identity, national origin or ancestry in connection with the price or quality of any item, goods or services offered by or at any place of public accommodation.
C. Any person who is under the influence of alcohol or narcotics, who is guilty of boisterous conduct, who is of lewd or immoral character, who is physically violent or who violates any regulation of any place of public accommodation that applies to all persons regardless of race, color, religion, sex, sexual orientation, gender identity, national origin or ancestry may be excluded from any place of public accommodation and nothing in this article shall be considered to limit the right of such exclusion.
D. Notwithstanding any other provision of this article and except as required by federal law, it is not an unlawful practice if a person fails to provide a trained and competent bilingual person who is skilled in interpreting a language other than English to assist a person who is seeking services at a place of public accommodation. Notwithstanding any other provision of this article and except as required by federal law, a person who offers a service at a place of public accommodation is not required to provide a person who is seeking the service any form or other documentation in that person's native language.
E. It is not an unlawful practice pursuant to this section for a person to fail to provide service at a place of public accommodation if by providing the service the person offering the service would violate a state or federal law or a rule that is adopted by a state or federal board, commission or agency that has jurisdiction over the person offering the service.