What's happening
This bill expands the definition of "place of public accommodation" to include entities licensed by or receiving tax benefits from the state or local governments.
Why it matters
Expanding anti-discrimination protections. By broadening the definition of "public accommodation" to include clubs and institutions that are state-licensed or get tax breaks, more organizations will be required to follow anti-discrimination laws, impacting who they must serve and how they operate.
Closing loopholes for semi-private entities. Previously, some clubs or institutions could avoid public accommodation rules by claiming private status while still benefiting from public resources or tax subsidies. The bill targets these entities, ensuring that public benefits come with public responsibilities.
Impact on club operations and membership criteria. Clubs that receive state licenses or tax exemptions may no longer use selective or exclusionary membership practices if those practices are considered discriminatory under the law, potentially changing the makeup and practices of many private organizations.
Greater accountability for organizations benefiting from taxpayer support. The bill ties public financial benefits—like tax abatements or exemptions—to adherence to broader civil rights protections, reinforcing the idea that public support should not subsidize discriminatory practices.
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Who cares
Headline styles
Broaden Public Accommodation Protections
Plain English, a few words. Used as the page title.
Sponsors
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History
- Print number 3971a
- Amend and recommit to governmental operations
- 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.
Broaden 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
3971--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. AUBRY -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08077-03-9
A. 3971--A 2
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 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 and that 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, or a religious corporation incorporated under the education law or the religious corporations law shall be deemed to be in its nature distinctly private.
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.
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