2010 Regular Session
To:
By: ____________________
HOUSE BILL 0004
AN ACT TO PROHIBIT ANY
PRIVATE ESTABLISHMENT FROM DISCRIMINATING AGAINST PATRONS BASED ON THEIR MODE
OF TRANSPORTATION OR ASSOCIATED ATTIRE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1: This Act shall be known as the Mississippi Mode of Transportation, Equal Access Act.
SECTION 2: Definitions- “Public Accommodation” means a business or other entity that offers to the general public, food, shelter, recreation, amusement, or any other goods, service, privilege, facility or accommodation. “Attire” means any article of clothing that is required or associated with:
a. A particular individual’s or group’s means of transportation;
b. Safety or health concerns arising from any legal means of transportation;
c. An individual’s affiliation with a fraternal organization or other organized group who may travel together or share a common creed; or,
SECTION 3: A person or entity that owns, operates or is employed by a public
Accommodation may not restrict an individual or group from access or admission to the accommodation or otherwise prevent the individual or group from fully using the accommodation and the amenities normally associated with such, solely because of the individuals or groups:
a. Mode of transportation;
b. Attire which may be associated with the individuals preferred mode of transportation;
c. Affiliation with any fraternal organization or other group engaging in their preferred mode of transportation;
SECTION 4: This does not prohibit a person that owns or operates a public
accommodation from denying to an individual access or admission to use of the accommodation if:
a. The conduct of the individual poses a risk to the health or safety of another person or a risk to the safety of another person’s property; or
b. The person’s clothing does not conform with a dress code that is:
i. In effect at the public accommodation;
ii. Stated clearly; and
iii. Not designed to exclude a particular individual or group of individuals or a particular industry or class.
SECTION 5: An individual injured by a violation of this legislation may bring
an action to recover actual damages, civil damages, injunctive relief, and reasonable attorney fees based on reasonable hourly billing plus cost for the violation.
a. Civil damages not to exceed $5,000.00, exclusive of attorney’s fees.
SECTION 6: This act shall take effect and be in force from and after July 1, 2009.