ARIZONA STATE SENATE
Phoenix, Arizona
public accommodations; equal
access guarantee
Prohibits owners of places
of public accommodations from denying access to individuals who ride
motorcycles, belong to a motorcycle organization or wear clothing that displays
membership in a motorcycle organization.
Arizona statute prohibits
discrimination against persons based on race, color, creed, national origin or
ancestry. This legislation prohibits
discrimination of motorcycle owners and riders in public places, including
business establishments involved in or supported by interstate commerce.
According to the Modified
Motorcycle Association, numerous instances of discrimination against motorcycle
owners and riders occur in this state.
These acts of discrimination are based on riding a motorcycle,
membership in motorcycle organizations and the possession of emblems that
display membership in various motorcycle organizations.
Similar legislation passed
in Minnesota in 1998 prohibits discrimination in public places of accommodation
against motorcycle owners, riders, members of motorcycle organizations and
those who wear motorcycle gear or clothing.
There is no known fiscal impact
to the general fund associated with this legislation.
1. Prohibits an owner or operator of a public accommodation from restricting access to individuals because they ride motorcycles, display membership in a motorcycle club or wear clothing that indicates membership in a motorcycle club.
2. Permits owners to restrict access if a person’s conduct is a risk to the health or safety of another person or another person’s property.
3. Allows denial of access if the person’s clothing does not conform to a clearly stated dress code that is not designed to exclude a particular individual who may be associated with a motorcycle or a motorcycle organization.
4. Enables a person injured by this violation to sue for injunctive relief and damages.
5. Allows a person to seek action for actual damages incurred and reasonable attorney fees and court costs.
6. Limits punitive damages to $5,000.
7. Provides for a general effective date.
Prepared by Senate Staff
January 12, 2001