§ 528-8. Unlawful discriminatory practices in places of public accommodation, resort or amusement.

A. 

It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the actual or perceived race, color, creed, national origin, alienage or citizenship status, gender, sexual orientation, disability, or marital status of any individual or the actual military status of any individual, directly or indirectly, to refuse, withhold from or deny to such individual any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any individual on account of actual or perceived race, color, creed, national origin, alienage or citizenship status, gender, sexual orientation, disability, or marital status of any individual or the actual military status of any individual, or that the patronage or custom thereat of any individual of or purporting to be of any particular race, creed, color, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status or actual military status is unwelcome, objectionable, or not acceptable, desired or solicited.

B. 

Nothing in this § 528-8 shall be construed to prevent the barring of any individual, because of the sex of such individual, from places of public accommodations, resort or amusement, based on bona fide considerations of public policy; nor shall this § 528-8 apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one sex.

C. 

For the purposes of this § 528-8, "unlawful discriminatory practice" includes:

(1) 

A refusal to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford facilities, privileges, advantages or accommodations to individuals with disabilities, unless such person can demonstrate that making such modifications would fundamentally alter the nature of such facilities, privileges, advantages or accommodations or would result in an undue burden;

(2) 

A refusal to take such steps as may be necessary to ensure that no individual with a disability is excluded or denied services because of the absence of auxiliary aids and services, unless such person can demonstrate that taking such steps would fundamentally alter the nature of the facility, privilege, advantage or accommodation being offered or would result in an undue burden;

(3) 

A refusal to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable; and

(4) 

Where such person can demonstrate that the removal of a barrier under Subsection C(3) is not readily achievable, a failure to make such facilities, privileges, advantages or accommodations available through alternative methods if such methods are readily achievable.

D. 

For the purposes of Subsection C above:

(1) 

"Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. Factors that may be considered by the Commission in determining whether an action is readily achievable include, but are not limited to:

(a) 

The nature and cost of the action needed under Subsection C;

(b) 

The overall financial resources of the facility or facilities involved in the action; the number of individuals employed at such facility; the effect on expenses and resources or the impact otherwise of such action upon the operation of the facility;

(c) 

The overall financial resources of the place of public accommodation, resort or amusement; the overall size of the business of such a place with respect to the number of its employees; the number, type and location of its facilities; and

(d) 

The type of operation or operations of the place of public accommodation, resort or amusement, including the composition, structure and functions of the workforce of such place; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to such place.

(2) 

"Auxiliary aids and services" include:

(a) 

Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(b) 

Qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments;

(c) 

Acquisition or modification of equipment or devices; and

(d) 

Other similar services and actions.

(3) 

"Undue burden" means significant difficulty or expense. Factors that may be considered by the Commission in determining whether an action would result in an undue burden include, but are not limited to:

(a) 

The nature and cost of the action needed under Subsection C;

(b) 

The overall financial resources of the site or sites involved in the action; the number of individuals employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;

(c) 

The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

(d) 

If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

(e) 

If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

E. 

Subsections C and D shall not apply to any air carrier, the National Railroad Passenger Corporation, or public transportation facilities, vehicles or services owned, leased or operated by the state, a county, city, town or village, or any agency thereof, or by any public benefit corporation or authority.