§489-2  Definitions.  As used in this
chapter:



"Disability" means the state of
having a physical or mental impairment which substantially limits one or more
major life activities, having a record of such an impairment, or being regarded
as having such an impairment.  The term does not include alcohol or drug use
that impairs a person's activities or threatens the property or safety of
others.



"Gender identity or expression"
includes a person's actual or perceived gender, as well as a person's gender
identity, gender-related self-image, gender-related appearance, or
gender-related expression, regardless of whether that gender identity,
gender-related self-image, gender-related appearance, or gender-related
expression is different from that traditionally associated with the person's
sex at birth.



"Person" has the meaning prescribed
in section 1-19 and includes a legal representative, partnership, receiver,
trust, trustee, trustee in bankruptcy, the State, or any governmental entity or
agency.



"Place of public accommodation" means
a business, accommodation, refreshment, entertainment, recreation, or
transportation facility of any kind whose goods, services, facilities,
privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the general public as customers, clients, or
visitors.  By way of example, but not of limitation, place of public
accommodation includes facilities of the following types:



(1)  A facility providing services relating to travel
or transportation;



(2)  An inn, hotel, motel, or other establishment that
provides lodging to transient guests;



(3)  A restaurant, cafeteria, lunchroom, lunch
counter, soda fountain, or other facility principally engaged in selling food
for consumption on the premises of a retail establishment;



(4)  A shopping center or any establishment that sells
goods or services at retail;



(5)  An establishment licensed under chapter 281 doing
business under a class 4, 5, 7, 8, 9, 10, 11, or 12 license, as defined in
section 281-31;



(6)  A motion picture theater, other theater,
auditorium, convention center, lecture hall, concert hall, sports arena,
stadium, or other place of exhibition or entertainment;



(7)  A barber shop, beauty shop, bathhouse, swimming
pool, gymnasium, reducing or massage salon, or other establishment conducted to
serve the health, appearance, or physical condition of persons;



(8)  A park, a campsite, or trailer facility, or other
recreation facility;



(9)  A comfort station; or a dispensary, clinic,
hospital, convalescent home, or other institution for the infirm;



(10)  A professional office of a health care provider,
as defined in section 323D-2, or other similar service establishment;



(11)  A mortuary or undertaking establishment; and



(12)  An establishment that is physically located
within the premises of an establishment otherwise covered by this definition,
or within the premises of which is physically located a covered establishment,
and which holds itself out as serving patrons of the covered establishment.



No place of public accommodation defined in
this section shall be requested to reconstruct any facility or part thereof to
comply with this chapter.



"Sexual orientation" means having a
preference for heterosexuality, homosexuality, or bisexuality, having a history
of any one or more of these preferences, or being identified with any one or
more of these preferences.  "Sexual orientation" shall not be
construed to protect conduct otherwise proscribed by law. [L 1986, c 292, pt of
§1; am L 1990, c 210, §1; am L 1992, c 33, §5; am L 2006, c 76, §2]



 



Attorney General Opinions



 



  County grant of a liquor license to a condominium bar
where entry would be restricted to members and their guests does not conflict
with section.  Att. Gen. Op. 91-01.