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The Vermont Statutes Online
Title
09
:
Commerce and Trade
Chapter
139
:
DISCRIMINATION; PUBLIC ACCOMMODATIONS; RENTAL AND SALE OF REAL ESTATE
§
4502. Public accommodations
(a) An owner or
operator of a place of public accommodation or an agent or employee of such
owner or operator shall not, because of the race, creed, color, national
origin, marital status, sex, sexual orientation, or gender identity of any
person, refuse, withhold from, or deny to that person any of the
accommodations, advantages, facilities, and privileges of the place of public
accommodation.
(b) An owner or
operator of a place of public accommodation or his or her employee or agent
shall not prohibit from entering a place of public accommodation:
(1) an
individual with a disability accompanied by a service animal; or
(2) an
individual who is training an animal to perform as a service animal for an
individual with a disability.
(c) No
individual with a disability shall be excluded from participation in or be
denied the benefit of the services, facilities, goods, privileges, advantages,
benefits, or accommodations, or be subjected to discrimination by any place of
public accommodation on the basis of his or her disability as follows:
(1) A public
accommodation shall provide an individual with a disability the opportunity to
participate in its services, facilities, privileges, advantages, benefits, and
accommodations. It is discriminatory to offer an individual an unequal
opportunity or separate benefit; however it is permissible to provide a
separate benefit if that benefit is necessary to provide an individual or class
of individuals an opportunity that is as effective as that provided to others.
(2) A public
accommodation shall afford goods, services, facilities, privileges, advantages,
and accommodations to an individual with a disability in the most integrated
setting which is appropriate for the needs of the individual. Notwithstanding
the existence of separate or different programs or activities, a public
accommodation shall not deny an individual with a disability an opportunity to
participate in such programs or activities that are not separate or different.
Nothing in this subsection shall be construed to require an individual with a
disability to accept an accommodation, aid, service, opportunity, or benefit
which the individual chooses not to accept.
(3) A public
accommodation shall not exclude or otherwise deny equal goods, services,
facilities, privileges, advantages, accommodations, or other opportunities to
an individual or entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship or association.
(4) Repealed.]
(5) A public
accommodation shall make reasonable modifications in policies, practices, or
procedures when those modifications are necessary to offer goods, services,
facilities, privileges, advantages, or accommodations to individuals with
disabilities, unless the public accommodation can demonstrate that making the
modifications would fundamentally alter the nature of the goods, services,
facilities, privileges, advantages, or accommodations.
(6) A public
accommodation shall take whatever steps may be necessary to ensure that no
individual with a disability is excluded, denied services, segregated, or
otherwise treated differently than other individuals because of the absence of
auxiliary aids and services, unless the public accommodation can demonstrate
that taking those steps would fundamentally alter the nature of the goods,
services, facilities, privileges, advantages, or accommodations being offered
or would result in an undue burden on the public accommodation.
(7) A public
accommodation shall not be required to provide to individuals with disabilities
personal devices, such as wheelchairs, eyeglasses, hearing aids or readers for
personal use or study, or personal services to assist with feeding, toileting,
or dressing.
(8)
Notwithstanding the provisions of this section, if a place of public
accommodation has an architectural or communication barrier, in order to comply
with this section, the public accommodation shall remove the barrier, if
removal is readily achievable, or shall make its goods, services, facilities,
privileges, advantages, or accommodations available through alternative
methods, if those alternative methods are readily achievable. Nothing in this
subsection shall be construed to alter architectural barrier removal
requirements under the federal Americans with Disabilities Act and its
regulations as they relate to governmental entities.
(9) Any public
accommodation that offers examinations or courses related to applications,
licensing, certification, or credentialing for secondary or post-secondary
education, professional, or trade purposes shall offer such examinations or
courses in a place and manner accessible to persons with disabilities or offer
alternative accessible arrangements for such individuals.
(d) This section
shall not prohibit an owner or operator of an inn, hotel, motel, or other
establishment which provides lodging to transient guests, and which has five or
fewer rooms for rent or hire, from restricting such accommodation on the basis
of sex or marital status.
(e) It is a
violation of this section for a gas station or other facility which sells
gasoline or other motor vehicle fuel for sale to the public to fail to comply
with the provisions of section 4110a of this title.
(f) It is a
violation of this section for a public accommodation to fail to comply with the
provisions or rules pertaining to public buildings pursuant to 20 V.S.A.
chapter 174.
(g) This chapter
shall not apply to:
(1) special
education claims and issues covered by federal and State special education
laws, regulations, and procedures, pursuant to 20 U.S.C. § 1404 et seq. and 16
V.S.A. chapter 101; or
(2) an insurer
underwriting risks, classifying risks, or administering risks that are based on
or are not inconsistent with 8 V.S.A. §§ 4724 and 4084 or other applicable
State laws.
(h) This section
shall not be construed to require a public accommodation to permit an
individual to participate in or benefit from the services, facilities, goods,
privileges, advantages, and accommodations of that public accommodation when
that individual poses a direct threat to the health or safety of others. For
the purposes of this subsection, "direct threat" means a significant
risk to the health or safety of others that cannot be eliminated by a
modification of policies, practices, or procedures or by the provision of
auxiliary aids or services. In determining whether an individual poses a direct
threat to the health or safety of others, a public accommodation shall make an
individualized assessment based on reasonable judgment that relies on current
medical knowledge or on the best available objective evidence to ascertain:
(1) the nature,
duration, and severity of the risk;
(2) the
probability that the potential injury will actually occur; and
(3) whether
reasonable modifications of policies, practices, or procedures will mitigate
the risk.
(i) Nothing in
this section shall be construed to prohibit a public accommodation from
excluding a person engaged in disruptive behavior which the place of public
accommodation has reason to believe is the result of alcohol or illegal drug
use.
(j)
Notwithstanding any other provision of law, a mother may breastfeed her child
in any place of public accommodation in which the mother and child would
otherwise have a legal right to be.
(k) A police
officer, a firefighter, or a member of a rescue squad, search and rescue squad,
first response team, or ambulance corps who is accompanied by a service dog
shall be permitted in any place of public accommodation, and the service dog
shall be permitted to stay with its master. For the purposes of this
subsection, "service dog" means a dog owned, used, or in training by
any police or fire department, rescue, or first response squad, ambulance
corps, or search and rescue organization for the purposes of locating criminals
and lost persons, or detecting illegal substances, explosives, cadavers,
accelerants, or school or correctional facility contraband.
( l )
Notwithstanding any other provision of law, a religious organization,
association, or society, or any nonprofit institution or organization operated,
supervised, or controlled by or in conjunction with a religious organization,
association, or society, shall not be required to provide services,
accommodations, advantages, facilities, goods, or privileges to an individual
if the request for such services, accommodations, advantages, facilities,
goods, or privileges is related to the solemnization of a marriage or
celebration of a marriage. Any refusal to provide services, accommodations, advantages,
facilities, goods, or privileges in accordance with this subsection shall not
create any civil claim or cause of action. This subsection shall not be
construed to limit a religious organization, association, or society, or any
nonprofit institution or organization operated, supervised, or controlled by or
in conjunction with a religious organization from selectively providing
services, accommodations, advantages, facilities, goods, or privileges to some
individuals with respect to the solemnization or celebration of a marriage but
not to others. (Added 1987, No. 74, § 1; amended 1991, No. 48, § 3; 1991, No.
135 (Adj. Sess.), § 11; 1991, No. 243 (Adj. Sess.), §§ 3, 4; 2001, No. 117
(Adj. Sess.), § 2, eff. May 28, 2002; 2003, No. 17, §§ 1, 2; 2007, No. 41, §
14; 2009, No. 3, § 11, eff. Sept. 1, 2009; 2013, No. 31, § 10; 2015, No. 23, §
144.)