13-7 - Civil Rights
Title 13 > 13-7
Sections (6)
13-7-1 - Policy and purposes of act.
It is hereby declared that the practice of discrimination on the basis of race, color, sex, pregnancy, religion, ancestry, or national origin in business establishments or places of public accommodation or in enterprises regulated by the state endangers the health, safety, and general welfare of this state and its inhabitants; and that such discrimination in business establishments or places of public accommodation or in enterprises regulated by the state, violates the public policy of this state. It is the purpose of this act to assure all citizens full and equal availability of all goods, services and facilities offered by business establishments and places of public accommodation and enterprises regulated by the state without discrimination because of race, color, sex, pregnancy, religion, ancestry, or national origin. The rules of common law that statutes in derogation thereof shall be strictly construed has no application to this act. This act shall be liberally construed with a view to promote the policy and purposes of the act and to promote justice. The remedies provided herein are not exclusive but are in addition to any other remedies available at law or equity.
13-7-2 - Definitions.
As used in this chapter: 13-7-2(1) “Enterprise regulated by the state” means:
an institution subject to regulation under Title 70C, Utah Consumer Credit Code; a place of business that sells an alcoholic product at retail as provided in Title 32B, Alcoholic Beverage Control Act; an insurer regulated by Title 31A, Insurance Code; and a public utility subject to regulation under Title 54, Public Utilities. 13-7-2(2) “Person” includes an individual, partnership, association, organization, corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver, and other organized groups of persons. 13-7-2(3) “Place of public accommodation” includes: every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, except, an establishment that is:
located within a building that contains not more than five rooms for rent or hire; and actually occupied by the proprietor of the establishment as the proprietor’s residence; and a place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously if the place, establishment, or facility receives any substantial governmental subsidy or support. “Place of public accommodation” does not include an institution, church, apartment house, club, or place of accommodation that is in nature distinctly private except to the extent that the institution, church, apartment house, club, or place of accommodation is open to the public. 13-7-2(4) “Pregnancy” includes pregnancy or a pregnancy-related condition. 13-7-2(5) “Pregnancy-related condition” includes breastfeeding, lactation, or a medical condition related to breastfeeding.
13-7-3 - Equal right in business establishments, places of public accommodation, and enterprises regulated by the state.
13-7-3(1) All persons within the jurisdiction of this state are free and equal and are entitled to full and equal accommodations, advantages, facilities, privileges, goods and services in all business establishments and in all places of public accommodation, and by all enterprises regulated by the state of every kind whatsoever, without discrimination on the basis of race, color, sex, pregnancy, religion, ancestry or national origin. 13-7-3(2) Nothing in this act shall be construed to deny any person the right to regulate the operation of a business establishment or place of public accommodation or an enterprise regulated by the state in a manner which applies uniformly to all persons without regard to race, color, sex, pregnancy, religion, ancestry, or national origin; or to deny any religious organization the right to regulate the operation and procedures of its establishments. 13-7-3(3) Nothing in this act regulates business website accessibility.
13-7-4 - Business establishment, place of public accommodation, or enterprise regulated by the state denying rights deemed public nuisance — Investigation and conciliation — Action to enjoin — Civil action for damages — Expenses of defending action.
Any business establishment or place of public accommodation or enterprise regulated by the state in which a violation of the rights provided in Section 13-7-3 of this chapter occurs is a public nuisance. The operator of any such business establishment or place of public accommodation or enterprise regulated by the state is guilty of maintaining a public nuisance and may be enjoined as hereinafter provided. 13-7-4(1) Upon application to the attorney general by any person denied the rights guaranteed by Section 13-7-3, the attorney general shall investigate and seek to conciliate the matter. 13-7-4(2) An action to enjoin any nuisance defined in this section may be brought in the name of the state of Utah by the attorney general. Upon the trial of the cause, on finding that the material allegations of the complaint are true, the court shall order such nuisance to be abated, and enjoin all persons from maintaining or permitting such nuisance. When any injunction as herein provided has been granted it shall be binding upon the defendant and shall act as an injunction in personam against the defendant throughout the state. 13-7-4(3) Any person who is denied the rights provided for in Section 13-7-3 shall have a civil action for damages and any other remedy available in law or equity against any person who denies that person the rights provided for in Section 13-7-3 or who aids, incites or conspires to bring about such denial. 13-7-4(4) Any business establishment or place of public accommodation or enterprises regulated by the state charged with maintaining a public nuisance in violation of this chapter, which is determined or found not to be in violation of this chapter, may be awarded all actual and necessary expenses incurred in defending such action, as determined and approved by the court having jurisdiction of the matter.
13-7-5 - Equal right in business establishments, places of public accommodation, and enterprises regulated by the state regardless of immunity status.
13-7-5(1) As used in this section, “immunity status” means an indication of whether an individual is immune to a disease, whether through vaccination or infection and recovery. 13-7-5(2) All persons within the jurisdiction of this state are free and equal and are entitled to full and equal accommodations, advantages, facilities, privileges, goods, and services in all business establishments and in all places of public accommodation, and by all enterprises regulated by the state of every kind whatsoever, without discrimination on the basis of immunity status. 13-7-5(3) Nothing in this section shall be construed to deny any person the right to regulate the operation of a business establishment or place of public accommodation or an enterprise regulated by the state in a manner which applies uniformly to all persons without regard to immunity status, or to deny any religious organization the right to regulate the operation and procedures of the religious organization’s establishments. 13-7-5(4) The provisions in Section 13-7-4 shall apply to enforcement and violations of this section. Upon application to the attorney general by any person denied the rights guaranteed by this section, the attorney general shall investigate and seek to conciliate the matter.
13-7-6 - Face coverings and qualified individuals.
13-7-6(1) As used in this section:“Face covering” means a mask, shield, or other device that is intended to be worn in a manner to cover the mouth, nose, or face to prevent the spread of an infectious disease.”Health care facility” means the same as that term is defined in Section 78B-3-403.”Qualified individual” means an individual who experiences physical or emotional distress when wearing a face covering if the physical or emotional distress is caused by a diagnosed medical condition, mental health condition, or disability. 13-7-6(2) Except as provided in Subsection (3)(a), a place of public accommodation or enterprise regulated by the state may not require a qualified individual to wear a face covering as a condition for entering a premises owned or operated by the entity described in this Subsection (2). 13-7-6(3) Subject to Subsection (3)(b), a health care facility or a physician’s office may require the use of face coverings in an area in the health care facility where patient care or treatment is provided.Consistent with applicable federal law, nothing in Subsection (3)(a) allows a health care facility or a physician’s office to deny services to a qualified individual who is not able to wear a face covering.