Antidiscrimination Law

Nevada finds no right of reasonable access to public accommodations unless a state antidiscrimination statute confers such a right

The Supreme Court of Nevada held that businesses of public amusement (including casinos) have the right to exclude patrons at will unless a state or federal antidiscrimination law limits their discretion. Slade v. Caesars Entertainment Corp.,...

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Virginia prohibits sexual orientation and gender identity discrimination in housing and public accommodations

By passage of the Virginia Values Act, Virginia joins 22 other states and the District of Columbia in prohibiting discrimination on the basis of sexual orientation and gender identity in public accommodations and housing (as well as employment). Va. Stat. §2.2-3904 and §36–96.3 (as amended by 2020 Va. H.B. 1663 (Feb. 27, 2020)).

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Landlord may be liable for fair housing violation if no response to one tenant's racial harassment of another

 

In the case of Francis v. King's Park Manor, Inc., 2019 WL 6646495 (2d Cir. 2019), a tenant engaged in a vicious campaign of abuse and intimidation of another tenant, coming to his door and threatening to kill him and repeatedly yelling at him and calling him the...

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Landlords and condo associations may be liable for discrimination by tenants or unit owners against other occupants if they are aware of the conduct and take no action to stop it

New regulations adopted in 2016 provide that a discriminatory housing practice includes "[f]ailing to take prompt action to correct and end a discriminatory housing practice by a third-party, where the person knew or should have known of the discriminatory conduct and had the power to correct it." 24 C.F.R. §100.7(a)(iii),...

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Eighth Circuit holds that videographers have First Amendment free speech right to refuse to provide services at same-sex weddings

In Telescope Media Group v. Lucero, 936 F.3d 740 (8th Cir. 2019), the Eighth Circuit held that Minnesota could not enforce its public accommodations law against a company that refused to provide video services for same-sex weddings. The process of producing a video, the court said, constitutes “speech” and would be posted on the company’s website....

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State constitutional and statutory right in Arizona to refuse to create custom wedding invitations for same-sex couples

In a 4-3 decision, the Arizona Supreme Court has interpreted its constitution, Ariz. Const. art. 2, §6, and its Free Exercise of Religion Act, Ariz. Rev. Stat. § 41-1493.01, to give a public accommodation the right to refuse service to same-sex couples who seek custom wedding invitations. ...

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Federal court allows public accommodation to refuse to create custom videos of same-sex weddings

In a 2 to 1 vote, the Eight Circuit has held that the First Amendment prohibits a state from enforcing its public accommodations law if it requires videographers to create custom videotapes of same-sex weddings even though they provide this service to opposite-sex weddings. Telescope Media Group v. Lucero, 2019 U.S. App. LEXIS 25320 (8th Cir. 2019). Because the videos will be edited and posted on the videographer's website, the majority accepted the defendant's argument that they would convey a message of support for same-sex marriage contrary to the... Read more about Federal court allows public accommodation to refuse to create custom videos of same-sex weddings

Washington Supreme Court reaffirms its finding of sexual orientation discrimination by florist

On remand in light of the Supreme Court ruling in Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm'n,  the Washington Supreme Court unanimously reaffirmed its ruling in State v. Arelene's Flowers, 389 P.3d 543 (Wash 2017), as modified by 2017 Wash. LEXIS 222 (Wash. 2017). Lambda Legal, ...

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