2012 New York Consolidated Laws
CVR - Civil Rights
Article 4 - (40 - 45) Equal Rights in Places of Public Accommodation and Amusement
40 - Equal rights in places of public accommodation, resort or amusement.


NY Civ Rights L § 40 (2012) What's This?
 
    §  40.  Equal  rights  in  places  of  public accommodation, resort or
  amusement. All persons within the jurisdiction of this  state  shall  be
  entitled  to  the  full and equal accommodations, advantages, facilities
  and privileges  of  any  places  of  public  accommodations,  resort  or
  amusement, subject only to the conditions and limitations established by
  law  and  applicable  alike  to all persons. No person, being the owner,
  lessee, proprietor, manager, superintendent, agent or  employee  of  any
  such place shall directly or indirectly refuse, withhold from or deny to
  any   person  any  of  the  accommodations,  advantages,  facilities  or
  privileges thereof, or directly or indirectly publish, circulate, issue,
  display, post or mail any written or printed  communication,  notice  or
  advertisement, to the effect that any of the accommodations, advantages,
  facilities  and  privileges of any such place shall be refused, withheld
  from or denied to any  person  on  account  of  race,  creed,  color  or
  national  origin, or that the patronage or custom thereat, of any person
  belonging to or purporting to be of any particular race, creed, color or
  national original is unwelcome, objectionable or not acceptable, desired
  or  solicited.  The  production  of  any   such   written   or   printed
  communication, notice or advertisement, purporting to relate to any such
  place  and to be made by any person being the owner, lessee, proprietor,
  superintendent or manager thereof, shall be presumptive evidence in  any
  civil  or criminal action that the same was authorized by such person. A
  place of public accommodation, resort or amusement within the meaning of
  this article, shall be deemed to include  inns,  taverns,  road  houses,
  hotels,  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, confectioneries, 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;
  retail  stores  and  establishments,  dispensaries,  clinics, hospitals,
  bath-houses, barber-shops,  beauty  parlors,  theatres,  motion  picture
  houses,  airdromes,  roof  gardens,  music  halls, race courses, skating
  rinks, amusement and  recreation  parks,  fairs,  bowling  alleys,  golf
  courses,  gymnasiums,  shooting  galleries,  billiard  and pool parlors,
  public libraries, 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; and any such public  library,  kindergarten,  primary
  and secondary school, academy, college, university, professional school,
  extension  course,  or other educational facility, supported in whole or
  in part by public funds or by contributions solicited from  the  general
  public;  garages,  all public conveyances, operated on land or water, as
  well as the stations and terminals  thereof;  public  halls  and  public
  elevators  of  buildings and structures occupied by two or more tenants,
  or by the owner and one or more tenants. With regard to institutions for
  the care of neglected and/or delinquent children supported  directly  or
  indirectly,  in  whole  or  in part, by public funds, no accommodations,
  advantages, facilities and privileges  of  such  institutions  shall  be
  refused,  withheld  from  or  denied to any person on account of race or
  color.  Nothing  herein  contained  shall  be  construed  to  modify  or
  supersede  any of the provisions of the children's court act, the social
  welfare law or the domestic relations court act  of  New  York  city  in
  regard  to  religion  of custodial persons or agencies or to include any
  institution, club, or place of accommodation  which  is  in  its  nature

  distinctly   private,   or   to   prohibit  the  mailing  of  a  private
  communication in writing sent in response to a specific written inquiry.
    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.

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