106.52 Public places of accommodation or amusement.

2,417 words·~11 min read·/wi/chapter-106/106-52

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Complainant” means a person who files a complaint alleging a violation of sub.

(3).

(b)“Conciliation” has the meaning given in s. 106.50

(d).

(c)“Disability” has the meaning given in s. 106.50

(g).

(ce)“Dog handler” means an individual who is trained to work with a search and rescue dog.

(cm)“Fitness center” means an establishment, whether operated for profit or not for profit, that provides as its primary purpose services or facilities that are purported to assist patrons in physical exercise, in weight control, or in figure development. “Fitness center” does not include an organization solely offering training or facilities in an individual sport or a weight reduction center, as defined in s. 100.177

(e).

(d)“Lodging establishment” means any of the following:

1. A bed and breakfast establishment, as defined in s. 97.01

(1g).

2. A hotel, as defined in s. 97.01

(7).

3. A tourist rooming house, as defined in s. 97.01

(15k).

4. A campground.

1. “Public place of accommodation or amusement” shall be interpreted broadly to include, but not be limited to, places of business or recreation; lodging establishments; restaurants; taverns; barber, cosmetologist, aesthetician, electrologist, or manicuring establishments; nursing homes; clinics; hospitals; cemeteries; and any place where accommodations, amusement, goods, or services are available either free or for a consideration, subject to subd. 2.

2. “Public place of accommodation or amusement” does not include a place where a bona fide private, nonprofit organization or institution provides accommodations, amusement, goods or services during an event in which the organization or institution provides the accommodations, amusement, goods or services to the following individuals only:

a. Members of the organization or institution.

b. Guests named by members of the organization or institution.

c. Guests named by the organization or institution.

(f)“Respondent” means the person accused in a complaint or amended complaint of committing a violation of sub.

(3).

(fe)“Search and rescue dog” means a dog that is trained or is being trained by a state or nationally recognized search and rescue agency to locate lost or missing individuals and victims of disasters in search and rescue activities.

(fm)“Service animal” means a guide dog, signal dog, or other animal that is individually trained or is being trained to do work or perform tasks for the benefit of a person with a disability, including the work or task of guiding a person with impaired vision, alerting a person with impaired hearing to intruders or sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

(g)“Sexual orientation” has the meaning given in s. 111.32

(13m).

(2)Department to administer. The department shall administer this section through its division of equal rights. The department may promulgate such rules as are necessary to carry out this section. No rule may prohibit the processing of any class action complaint or the ordering of any class-based remedy, and no rule may provide that complaints may be consolidated for administrative convenience only.

(3)Public place of accommodation or amusement.

(a)No person may do any of the following:

1. Deny to another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex, race, color, creed, disability, sexual orientation, national origin or ancestry.

1m. Deny to an adult or charge an adult a higher price than the regular rate for the full and equal enjoyment of a lodging establishment because of age, subject to s. 125.07 .

2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin or ancestry.

3. Directly or indirectly publish, circulate, display or mail any written communication which the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of sex, race, color, creed, disability, sexual orientation, national origin or ancestry or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons.

3m. Directly or indirectly publish, circulate, display or mail any written communication which the communicator knows is to the effect that any of the facilities of a lodging establishment will be denied to an adult because of age, subject to s. 125.07 .

4. Refuse to furnish or charge another a higher rate for any automobile insurance because of race, color, creed, disability, national origin or ancestry.

5. Refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, sexual orientation, national origin or ancestry, regarding the use of any private facilities commonly rented to the public.

1. Subject to subds. 2. , 3. , and 4. , no person may do any of the following:

a. Refuse to permit entrance into, or use of, or otherwise deny the full and equal enjoyment of any public place of accommodation or amusement to a person with a disability or to a service animal trainer because the person with a disability or the trainer is accompanied by a service animal.

b. Charge a person with a disability or a service animal trainer a higher price than the regular rate, including a deposit or surcharge, for the full and equal enjoyment of any public place of accommodation or amusement because the person with a disability or the trainer is accompanied by a service animal.

c. Directly or indirectly publish, circulate, display, or mail any written communication that the communicator knows is to the effect that entrance into, or use of, or the full and equal enjoyment of any of the facilities of the public place of accommodation or amusement will be denied to a person with a disability or a service animal trainer because the person with a disability or the trainer is accompanied by a service animal or that the patronage of a person with a disability or a service animal trainer is unwelcome, objectionable, or unacceptable because the person with a disability or the trainer is accompanied by a service animal.

2. The prohibitions specified in subd. 1. apply to a service animal trainer only if the animal accompanying the service animal trainer is wearing a harness or a leash and special cape. Subdivision 1. does not prohibit a person who is accompanied by an animal from being asked whether the animal is a service animal that is required because of a disability or is an animal that is being trained to be a service animal and does not prohibit a service animal trainer from being required to produce a certification or other credential issued by a school for training service animals that the animal is being trained to be a service animal.

Subdivision 1. prohibits a person with a disability from being required to produce documentation of his or her disability or a certification or other credential that the animal is trained as or is being trained to be a service animal.

3. A person may exclude a service animal from a public place of accommodation or amusement if accommodation of the service animal would result in a fundamental alteration in the nature of the accommodations, amusement, goods, or services provided or would jeopardize the safe operation of the public place of accommodation or amusement. If a service animal must be separated from the person whom the service animal is accompanying, it is the responsibility of that person to arrange for the care and supervision of the service animal during the period of separation.

4. A public place of accommodation or amusement shall modify its policies, practices, and procedures to permit the full and equal enjoyment of the public place of accommodation or amusement by a person with a disability or a service animal trainer who is accompanied by a service animal. Those policies, practices, and procedures shall ensure that a person with a disability or a service animal trainer who is accompanied by a service animal is not separated from the service animal, that the service animal is permitted to accompany the person with a disability or the service animal trainer to all areas of the public place of accommodation or amusement that are open to the general public, and that the person with a disability or the service animal trainer is not segregated from other patrons of the public place of accommodation or amusement.

1. In this paragraph:

a. “Hotel,” “inn,” and “motel” have the meaning given for “hotel” in s. 97.01

(7).

b. “Tourist rooming house” has the meaning given in s. 97.01

(15k).

2. Subject to subds. 3. to 6. , no person may do any of the following:

a. Refuse to allow entrance into, or use of, or otherwise deny the full and equal enjoyment of a hotel, inn, motel, or tourist rooming house to a dog handler because the dog handler is accompanied by a search and rescue dog.

b. Charge an individual a higher price than the regular rate, including a deposit or surcharge, for the full and equal enjoyment of a hotel, inn, motel, or tourist rooming house because the individual is a dog handler and is accompanied by a search and rescue dog.

c. Directly or indirectly publish, circulate, display, or mail any written communication that the communicator knows is to the effect that entrance into, or use of, or the full and equal enjoyment of any of the facilities of the hotel, inn, motel, or tourist rooming house will be denied to an individual because the individual is a dog handler accompanied by a search and rescue dog or that the patronage of such an individual is unwelcome, objectionable, or unacceptable because the individual is accompanied by a search and rescue dog.

3. The prohibitions specified in subd. 2. apply only if the dog accompanying the dog handler is wearing a harness or cape that indicates that the dog is a search and rescue dog and the search and rescue dog is leashed. Subdivision 2. does not prohibit a dog handler who is accompanied by a dog from being asked whether the dog is a search and rescue dog and does not prohibit the dog handler from being required to produce a certification or other credential that verifies that the dog is a search and rescue dog.

4. A person may exclude a search and rescue dog from a hotel, inn, motel, or tourist rooming house if accommodation of the search and rescue dog would result in a fundamental alteration in the nature of the accommodations provided or would jeopardize the safe operation of the hotel, inn, motel, or tourist rooming house. If a search and rescue dog must be separated from the dog handler accompanying the search and rescue dog, it is the responsibility of that dog handler to arrange for the care and supervision of the search and rescue dog during the period of separation.

5. A dog handler who is accompanied by a search and rescue dog in a hotel, inn, motel, or tourist rooming house is liable for sanitation with respect to the search and rescue dog and damage to the establishment caused by the search and rescue dog.

6. A hotel, inn, motel, or tourist rooming house shall modify its policies, practices, and procedures to permit the full and equal enjoyment of the hotel, inn, motel, or tourist rooming house by a dog handler who is accompanied by a search and rescue dog. Those policies, practices, and procedures shall ensure that a dog handler who is accompanied by a search and rescue dog is not separated from the search and rescue dog, that the search and rescue dog is allowed to accompany the dog handler to all areas of the hotel, inn, motel, or tourist rooming house that are open to the general public, and that the dog handler is not segregated from other patrons of the hotel, inn, motel, or tourist rooming house.

7. A dog handler who is accompanied by a search and rescue dog in a hotel, inn, motel, or tourist rooming house may be asked by the owner or operator of the establishment to present documentation from the law enforcement agency, fire department, or emergency management service the dog handler is working with that the search and rescue dog is a legitimate search and rescue dog that meets the definition under sub.

(fe).

(b)Nothing in this subsection prohibits separate dormitories at higher educational institutions or separate public toilets, showers, saunas and dressing rooms for persons of different sexes.

(c)Nothing in this subsection prohibits separate treatment of persons based on sex with regard to public toilets, showers, saunas and dressing rooms for persons of different sexes.

(d)Nothing in this subsection prohibits a domestic abuse services organization, as defined in s. 995.67

(b), from providing separate shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes or from providing for separate treatment of persons based on sex with regard to the provision of shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes.

(e)Nothing in this section prohibits a fitness center whose services or facilities are intended for the exclusive use of persons of the same sex from providing the use of those services or facilities exclusively to persons of that sex, from denying the use of those services or facilities to persons of the opposite sex, or from directly or indirectly publishing, circulating, displaying, or mailing any written communication to the effect that the use of those services or facilities will be provided exclusively to persons of the same sex and will be denied to persons of the opposite sex.

(4)Investigation and review of claims, public places.

(a)Claims filed with department.

1. The department may receive and investigate a complaint charging a violation of sub.

(3)if the complaint is filed with the department no more than 300 days after the alleged act prohibited under sub.

(3)occurred. A complaint shall be a written statement of the essential facts constituting the act prohibited under sub.

(3)charged, and shall be verified.