2005 Idaho Code - 18-7302 — DEFINITIONS

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 73
                                 CIVIL RIGHTS
    18-7302.  DEFINITIONS. Terms used in this chapter shall have the following
definitions:
    (a)  "Every person" shall be construed to include any owner, lessee,
proprietor, manager, agent or employee whether one or more natural persons,
partnerships, associations, organizations, corporations, cooperatives, legal
representatives, trustees, receivers, of this state and its political
subdivisions, boards and commissions, engaged in or exercising control over
the operation of any place of public resort, accommodation, assemblage or
amusement.
    (b)  "Deny" is hereby defined to include any act which directly or
indirectly, or by subterfuge, by a person or his agent or employee, results or
is intended or calculated to result in whole or in part in any discrimination,
distinction, restriction, or unequal treatment or the requiring of any person
to pay a larger sum than the uniform rates charged other persons, or the
refusing or withholding from any person the admission, patronage, custom,
presence, frequenting, dwelling, staying, or lodging in any place of public
resort, accommodation, assemblage, or amusement except for conditions and
limitations established by law and applicable alike to all persons, regardless
of race, creed or color.
    (c)  "Full enjoyment of" shall be construed to include the right to
purchase any service, commodity or article of personal property offered or
sold on, or by, any establishment to the public, and the admission of any
person to accommodations, advantages, facilities or privileges of any place of
public resort, accommodation, assemblage or amusement, without acts directly
or indirectly causing persons of any particular race, creed or color, to be
treated as not welcome, accepted, desired or solicited.
    (d)  "National origin" includes "ancestry."
    (e)  "Any place of public resort, accommodation, assemblage or amusement"
is hereby defined to include, but not to be limited to any public place,
licensed or unlicensed, kept for gain, hire or reward, or where charges are
made for admission, service, occupancy or use of any property or facilities,
whether conducted for the entertainment, housing or lodging of transient
guests, or for the benefit, use or accommodation of those seeking health,
recreation or rest, or for the sale of goods and merchandise, or for the
rendering of personal services, or for public conveyance or transportation on
land, water or in the air, including the stations and terminals thereof and
the garaging of vehicles, or where food or beverages of any kind are sold for
consumption on the premises, or where public amusement, entertainment, sports
or recreation of any kind is offered with or without charge, or where medical
service or care is made available, or where the public gathers, congregates,
or assembles for amusement, recreation or public purposes, or public halls,
public elevators and public washrooms of buildings and structures occupied by
two or more tenants, or by the owner and one or more tenants, or any public
library or any educational institution wholly or partially supported by public
funds, or schools of special instruction, or nursery schools, or day care
centers or children's camps; nothing herein contained shall be construed to
include, or apply to, any institute, bona fide club, or place of
accommodation, which is by its nature distinctly private provided that where
public use is permitted that use shall be covered by this section; nor shall
anything herein contained apply to any educational facility operated or
maintained by a bona fide religious or sectarian institution; and the right of
a natural parent in loco parentis to direct the education and upbringing of a
child under his control is hereby affirmed.

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