Amends the definition of place of public accommodation, resort or amusement for the purposes of the human rights law

2 Co-sponsors

• Marc Panepinto
• Kevin S. Parker

BILL NUMBER:S1405

Title of bill

An act to amend the executive law, in relation to the definition of "place of public accommodation, resort or amusement" for the purposes of the human rights law

Purpose

To clarify the definition of "place of public accommodation, resort or amusement" in the Human Rights Law.

Summary of provisions

Section one of this bill amends subdivision 9 of section 292 of the executive law to state that the term "place of public accommodation, resort or amusement" includes places regardless of whether the owner or operator of such place is a state or local government entity or a private individual or entity. This section adds public rooms and any public areas of any building or structure to the list places included in the definition. It also removes public libraries from the list of places that are not included in the definition.

Section two amends paragraph (c) of subdivision (2) of section 296 of the executive law to clarify that it is an unlawful discriminatory practice for local government entities to refuse to remove architectural barriers where such removal does not constitute an undue burden, which is the standard set forth in the Americans with Disabilities Act (ADA). Nothing in this section would require a public entity to necessarily make its existing facilities accessible and usable by individuals with disabilities nor take any action that would threaten or destroy the historical significance of a historic property. Section two also clarifies that for the purposes of section 296 "person" includes any state or local government entity.

Justification

Title II of the ADA prohibits discrimination on the basis of disability by government entities, and section 296 of the Executive Law prohibits discrimination in places of public accommodation. This legislation clarifies that places are included in the definition of "place of public accommodation" in section 292, regardless of whether it is owned or operated by a state or local government or a private individual or entity. It is important to codify this in the Executive Law, and to make it explicit that government owned or operated places are included in the definition. This will make it clear to individuals with disabilities that it is unlawful for a state or local government entity to discriminate against them

The amendments to section 296 are necessary to avoid potential confusion associated with adding government entities to the definition of public accommodation. Specifically, pursuant to the ADA, the standard for refusal to remove architectural barriers is a higher "undue burden" standard for government actors, than the "readily achievable" standard for non-governmental actors.

Accordingly, this legislation adds the correct standard for government actors.

Legislative history

2013-2014: S. 4093 Rules/ A. 2070 Passed Assembly 2011-2012: S. 7139-A Investigations and Government Operations/A 9848-A Passed Assembly

Fiscal implications

None.

Effective date

This bill shall take effect on the one hundred twentieth day after it shall have become law.