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SB 535 - Motorcyclist - access to public accommodations
Thomas, Nadine (10th) Brush, B. Joseph (24th) Brown, Robert (26th)
Status Summary SC: Judy HC: FR: 03/06/00 LA: 03/06/00 S - Read 1st time

First Reader Summary

A bill to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or three-wheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.

Page Numbers: 1 2 3
Code Sections - 10-1-900/ 10-1-901/ 10-1-902

RECORDED VOTES
Vote # Date Yeas Nays Description
HV0554 3/12/98 152 000 PASS

Senate Action House
3/6/00 Read 1st time
Version by LC Number
LC 10 3187 As Introduced

SB 535                                             LC 10 3187 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 1 of Title 10 of the Official Code of 
  1- 2  Georgia Annotated, relating to selling and other trade 
  1- 3  practices, so as to provide that a person who owns or 
  1- 4  operates a public accommodation may not restrict an 
  1- 5  individual from access or admission to the accommodation or 
  1- 6  otherwise prevent the individual from using the 
  1- 7  accommodation solely because the individual operates a 
  1- 8  motorcycle, is a member of an organization or association 
  1- 9  that operates motorcycles, or wears clothing that displays 
  1-10  the name of such an organization or association; to provide 
  1-11  that no person who owns or operates a public accommodation 
  1-12  may exclude patrons from parking two-wheeled or 
  1-13  three-wheeled vehicles in the parking lot of the public 
  1-14  accommodation; to provide exceptions; to define a certain 
  1-15  term; to provide for injunctive relief and damages involving 
  1-16  violations of this Act; to authorize attorney's fees and 
  1-17  court costs under certain conditions; to provide for 
  1-18  applicability; to provide an effective date; to repeal 
  1-19  conflicting laws; and for other purposes. 
 
  1-20       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-21                           SECTION 1. 
 
  1-22  Chapter 1 of Title 10 of the Official Code of Georgia 
  1-23  Annotated, relating to selling and other trade practices, is 
  1-24  amended by adding following Article 33 a new Article 34 to 
  1-25  read as follows: 
 
 
 
  1-26    10-1-900. 
 
  1-27    As used in this article, the term 'public accommodation' 
  1-28    means a business or other entity that offers to the 
  1-29    general public food, shelter, recreation, or amusement or 
  1-30    any other goods, service, privilege, facility, or 
  1-31    accommodation. 
 
 
 
 
                                 -1- 
 
 
 
  2- 1    10-1-901. 
 
  2- 2      (a)(1) A person who owns or operates a public 
  2- 3      accommodation may not restrict an individual from access 
  2- 4      or admission to the accommodation or otherwise prevent 
  2- 5      the individual from using the accommodation solely 
  2- 6      because the individual: 
 
  2- 7        (A) Operates a motorcycle; 
 
  2- 8        (B) Is a member of an organization or association that 
  2- 9        operates motorcycles; or 
 
  2-10        (C) Wears clothing that displays the name of such an 
  2-11        organization or association. 
 
  2-12      (2) No person who owns or operates a public 
  2-13      accommodation may exclude patrons from parking 
  2-14      two-wheeled or three-wheeled vehicles in the parking lot 
  2-15      of the public accommodation. 
 
  2-16    (b) This Code section does not prohibit a person who owns 
  2-17    or operates a public accommodation from denying to an 
  2-18    individual access or admission to or use of the 
  2-19    accommodation if: 
 
  2-20      (1) The conduct of the individual poses a risk to the 
  2-21      health or safety of another person or a risk to the 
  2-22      safety of another person's property; or 
 
  2-23      (2) The individual's clothing does not conform with a 
  2-24      dress code that is: 
 
  2-25        (A) In effect at the public accommodation; 
 
  2-26        (B) Stated clearly; and 
 
  2-27        (C) Not designed to exclude a particular individual or 
  2-28        group of individuals. 
 
  2-29    10-1-902. 
 
  2-30    (a) On application of any person, a court may enjoin a 
  2-31    violation of this article. 
 
  2-32    (b) A person who is injured by a violation of this article 
  2-33    may bring a cause of action for injunctive relief, under 
  2-34    subsection (a) of this Code section, or for damages, or 
  2-35    for both injunctive relief and damages.  In an action for 
  2-36    damages, the person may recover: 
 
  2-37      (1) Actual damages incurred by the person, if any; and 
 
 
 
 
                                 -2- 
 
 
 
  3- 1      (2) Exemplary damages in an amount not to exceed 
  3- 2      $5,000.00. 
 
  3- 3    (c) A person who brings an action under subsection (a) or 
  3- 4    (b) of this Code section and who prevails in the action is 
  3- 5    entitled to reasonable attorney's fees and court costs." 
 
  3- 6                           SECTION 2. 
 
  3- 7  All laws and parts of laws in conflict with this Act are 
  3- 8  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00