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HB 1766 - Persons and their rights; equal access to goods and services

Teague, Sharon Beasley (58th)

Status Summary	HC:	Rules	SC:		FR:	03/22/00	LA:	03/22/00	H - Read 1st Time

First Reader Summary

A BILL to amend Chapter 2 of Title 1 of of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide for equal access to goods and services offered by businesses in this state; and for other purposes.

Code Sections - 1-2-12

HB 1766                                          LC 19 4797ER 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 2 of Title 1 of the Official Code of 
  1- 2  Georgia Annotated, relating to persons and their rights, so 
  1- 3  as to provide for equal access to goods and services offered 
  1- 4  by businesses in this state; to define a term; to provide 
  1- 5  for exceptions; to provide for relief; to provide for 
  1- 6  related matters; to repeal conflicting laws; and for other 
  1- 7  purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Chapter 2 of Title 1 of the Official Code of Georgia 
  1-11  Annotated, relating to persons and their rights, is amended 
  1-12  by inserting at the end thereof a new Code Section 1-2-12 to 
  1-13  read as follows: 
 
  1-14    "1-2-12. 
 
  1-15    (a) The General Assembly asserts that all persons within 
  1-16    this state are free and equal no matter what their sex, 
  1-17    race, color, religion, ancestry, national origin, style of 
  1-18    hair, style of clothing, or mode of transportation and are 
  1-19    entitled to  full and equal accommodations, advantages, 
  1-20    facilities, privileges, and services in all business 
  1-21    establishments, commercial enterprises, and public 
  1-22    organizations. 
 
  1-23    (b) As used in this Code section, the term 'business 
  1-24    establishment' means a business, accommodation, 
  1-25    refreshment, entertainment, recreation, housing 
  1-26    accommodation, commercial property, or transportation 
  1-27    facility of any kind, whether licensed or not, whose 
  1-28    goods, services, facilities, privileges, advantages, or 
  1-29    accommodations are extended, offered, sold, or otherwise 
  1-30    made available to the public. 
 
  1-31    (c) No business establishment may exclude an individual 
  1-32    because of such individual's: 
 
  1-33      (1) Hairstyle; 
 
 
                                 -1- 
 
 
 
  2- 1      (2) Clothing, except if obscene; 
 
  2- 2      (3) Mode of transportation; or 
 
  2- 3      (4) Clothing that displays the name of an organization 
  2- 4      or association. 
 
  2- 5    (d) No business establishment, commercial enterprise, or 
  2- 6    public organization shall exclude any licensed 
  2- 7    noncommercial motor vehicle from parking areas or from 
  2- 8    using public roadways. 
 
  2- 9    (e) On application of any person, a court may enjoin a 
  2-10    violation of this Code section.  A person who is injured 
  2-11    by a violation of this Code section may bring a cause of 
  2-12    action for injunctive relief or for damages, or for 
  2-13    injunctive relief and damages. 
 
  2-14    (f) In an action for damages, a person may recover: 
 
  2-15      (1) Actual damages incurred by the person, if any; and 
 
  2-16      (2) Exemplary damages in an amount not to exceed 
  2-17      $5,000.00 but not less than $250.00. 
 
  2-18    (g) A person who brings an action under subsection (a) or 
  2-19    (b) of this Code section and who prevails in the action 
  2-20    shall be entitled to reasonable attorney's fees and court 
  2-21    costs." 
 
  2-22                           SECTION 2. 
 
  2-23  All laws and parts of laws in conflict with this Act are 
  2-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-