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[Utah Code Table of Contents]
[TITLE 13. Table of Contents]
13-7-1 Policy and purposes of act.
It is hereby declared that the practice of discrimination
on the basis of race, color, sex, 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, 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 shall not be exclusive
but shall be in addition to any other remedies available
at law or equity.
1973
13-7-2 Definitions.
(1) The term "place of public accommodation" includes every place, establishment, or facility of whatever kind, nature, or class that caters or offers its services, facilities, or goods to the general public for a fee or charge, except, any establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; provided that any place, establishment, or facility that caters or offers its services, facilities, or goods to the general public gratuitously shall be within the definition of this term if it receives any substantial governmental subsidy or support; but the term shall not apply to any institution, church, any apartment house, club, or place of accommodation which is in its nature distinctly private except to the extent that it is open to the public.
(2) The term "person" includes one or more individuals, partnerships, associations, organizations, corporations, labor unions, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons.
(3) "Enterprises regulated by the state" means:
(a) all institutions subject to regulation under Title 70C, Utah Consumer Credit Code;
(b) all places of business which sell beer to consumers or house a state liquor store, as permitted by Title 32A, Alcoholic Beverage Control Act;
(c) all insurers regulated by Title 31A, Insurance Code; and
(d) all public utilities subject to regulation under Title
54, Public Utilities Act.
1987
13-7-3 Equal right in business establishments, places of public accommodation, and enterprises regulated by the state.
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, religion, ancestry or national origin. 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, religion, ancestry, or
national origin; or to deny any religious organization the
right to regulate the operation and procedures of its establishments.
1973
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.
(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.
(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.
(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 him the rights provided for in Section 13-7-3 or who aids, incites or conspires to bring about such denial.
(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.
1997
