What's happening
The bill expands the definition of public accommodations to include clubs and institutions licensed by or receiving tax benefits from the state.
Why it matters
Expands Anti-Discrimination Protections. By redefining “public accommodation” to include clubs and institutions that are licensed by or receive tax benefits from the state, the bill subjects more organizations to anti-discrimination laws, potentially increasing legal rights and recourse for individuals facing discrimination in these settings.
Limits “Private Club” Exemptions. The bill makes it harder for clubs and institutions to claim they are “distinctly private” and thus exempt from anti-discrimination laws if they benefit from state licensing or tax exemptions, closing a common loophole used to avoid compliance.
Incentivizes Inclusive Practices. Organizations seeking state licenses or tax benefits will have greater incentive to adopt non-discriminatory membership and service policies, as they now risk legal challenges if they maintain exclusionary practices.
Aligns Public Benefit with Public Responsibility. The legislation links the receipt of public support (through licenses or tax breaks) with a duty to serve the public equitably, reinforcing the idea that public benefits come with public obligations.
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Who cares
Headline styles
Broaden Public Accommodation Protections
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 43–19
- Ordered to third reading cal.1765
- Committee discharged and committed to rules
- Print number 3887a
- Amend and recommit to investigations and government operations
- Referred to investigations and government 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 Assembly Committee · Governmental Operations · Sponsor Jeffrion Aubry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3887--A
2019-2020 Regular Sessions
IN SENATE
February 20, 2019
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- 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 galleries, billiard and pool parlors; garages, all public conveyances
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08077-02-9
S. 3887--A 2
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.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to unlawful discriminatory practices
Purpose or general idea of bill
To end discrimination because of race, creed, sex, color or national origin in institutions, clubs or places of accommodation that are grant- ed licenses or tax exemption from the state or any of its political subdivisions.
Summary of specific provisions
This bill amends section 292 of the Executive Law, the definition section of the state's Human Rights Law. Under existing law "any insti- tution, club or place of accommodation which is by its nature distinctly private" is excluded from the definition of "place of public accommo- dation" under the equality of opportunity provisions of the Human Rights Law. This bill clarifies the definition of "distinctly private" so that Any non-religious institution, which receives tax exemption or licensing from the government, which are public privileges rather than private rights, may no longer discriminate on the basis of any protected class status.
The basic change is incorporated in Subdivision 9 of Section 292. In two places, both in the definition of place of public accommodation and in the exclusions, the current language is modified. If this bill is enacted, the jurisdiction of the State Division of Human Rights will extend to "institutions, clubs or places of accommodation which 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." Similar- ly, private institutions, clubs or places of accommodation will be excluded from the provisions of the Human Rights Law only if they are not the beneficiaries of public licensing or tax exemption.
Justification
While private organizations were always exempt from the jurisdiction of the Division of Human Rights, it was never the intention of the law to grant such exclusion to organizations which receive public benefits. Recent court cases have challenged the right of tax exempt fraternal organizations to practice discrimination in their membership policies. In addition, organizations which apply for liquor and other licenses are truly places of public accommodation rather than purely private facili- ties. Even under this proposed legislation, such organizations could continue to adhere to selective membership policies, provided they do not seek special privileges from government in the form of licensing or tax exemption. By enacting this law, the Legislature could sharpen the lines of distinction between private and public institutions, clubs or places of accommodation.
Prior legislative history
2018: S 5595 - referred to Investigations and Government Operations
Fiscal implications
None.
Effective date
This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.