What's happening
The bill expands the definition of "place of public accommodation" to include institutions and clubs receiving state licenses or tax benefits.
Why it matters
Expanding anti-discrimination protections. By including institutions and clubs that hold state licenses or benefit from tax abatements/exemptions, the bill significantly increases the number of organizations required to comply with anti-discrimination laws, meaning more New Yorkers would be protected in more spaces.
Affecting semi-private clubs. Many organizations that previously claimed to be “private” could lose that status if they receive public benefits or licenses. This reduces loopholes and ensures that clubs enjoying public support cannot exclude people based on protected characteristics.
Clarifying what is “distinctly private”. The bill tightens the definition of clubs or institutions that can be considered truly private, specifying that religious and benevolent organizations are only “distinctly private” if they do not receive state licenses or tax benefits, preventing misuse of the private club exemption.
Implications for club operations and membership policies. Clubs and institutions covered by this expanded definition would need to review and potentially change their membership policies, admission practices, and service offerings to ensure they are not engaging in unlawful discrimination, potentially leading to broader access and inclusion.
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Who cares
Headline styles
Expand Public Accommodation Protections
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Public Accommodation Protections
In Senate Committee · Investigations And Government Operations · Sponsor Toby Ann Stavisky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3163
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY -read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to unlawful discriminatory practices
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 292 of the executive law, as amended by chapter 89 of the laws of 2015, is amended to read as follows:
9. The term "place of public accommodation, resort or amusement" shall include, regardless of whether the owner or operator of such place is a state or local government entity or a private individual or entity, except as hereinafter specified, all places included in the meaning of such terms as: inns, taverns, road houses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants, or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; wholesale and retail stores and establishments dealing with goods or services of any kind, dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning establishments, barber shops, beauty parlors, theatres, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour advisory services, agencies or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08141-01-7
A. 3163 2
bureaus; public halls, public rooms, public elevators, and any public areas of any building or structure; institutions, clubs or places of accommodation which are licensed by the state or any of its political subdivisions, or are the recipients of any form of abatement or exemption from taxes, in whole or in part, from the state or any of its political subdivisions. Such term shall not include kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of the regents of the state of New York; any such kindergarten, primary and secondary school, academy, college, university, professional school, extension course or other education facility, supported in whole or in part by public funds or by contributions solicited from the general public; or any institution, club or place of accommodation which proves that it is in its nature distinctly private. In no event shall an institution, club or place of accommodation be considered in its nature distinctly private if it has more than one hundred members, provides regular meal service and regularly receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of a nonmember for the furtherance of trade or business. An institution, club, or place of accommodation which is not deemed distinctly private pursuant to this subdivision may nevertheless apply such selective criteria as it chooses in the use of its facilities, in evaluating applicants for membership and in the conduct of its activities, so long as such selective criteria do not constitute discriminatory practices under this article or any other provision of law. For the purposes of this section, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state or a religious corporation incorporated under the education law or the religious corporations law shall be deemed to be in its nature distinctly private and is not licensed by the state or any of its political subdivisions and is not the recipient of any form of abatement or exemption from taxes, in whole or in part, from the state or any of its political subdivisions.
No institution, club, organization or place of accommodation which sponsors or conducts any amateur athletic contest or sparring exhibition and advertises or bills such contest or exhibition as a New York state championship contest or uses the words "New York state" in its announcements shall be deemed a private exhibition within the meaning of this section.
§ 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.