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92_HB1039ham001
LRB9207252WHcsam
1 AMENDMENT TO HOUSE BILL 1039
2 AMENDMENT NO. . Amend House Bill 1039 by replacing
3 the title with the following:
4 "AN ACT concerning public accommodations."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Motorcyclist Public Accommodation Act.
9 Section 5. Definition. As used in this Act, "place of
10 public accommodation" means a business, accommodation,
11 refreshment, entertainment, recreation, or transportation
12 facility of any kind, whether licensed or not, whose goods,
13 services, facilities, privileges, advantages, or
14 accommodations are extended, offered, sold, or otherwise made
15 available to the public. By way of example, but not of
16 limitation, "place of public accommodation" includes
17 facilities of the following types: inns, hotels, motels,
18 restaurants, cafes, eating establishments, taverns,
19 roadhouses, barber shops, department stores, clothing stores,
20 shoe stores, bathrooms, restrooms, theaters, skating rinks,
21 parking lots and garages, golf courses and driving ranges,
-2- LRB9207252WHcsam
1 concerts, cemeteries, railroads, buses, airplanes, street
2 cars, boats, swimming pools, and other places of public
3 accommodation and amusement.
4 Section 10. Violation.
5 (a) It is a violation of this Act for any person to
6 restrict an individual's access to, admission to, or use of a
7 place of public accommodation solely because the individual
8 operates a motorcycle.
9 (b) This Section does not prohibit a person from
10 restricting an individual's access to, admission to, or use
11 of a place of public accommodation because the individual's
12 conduct poses a risk to the health, safety, or property of
13 another.
14 Section 15. Penalty.
15 (a) A person who violates this Act commits a petty
16 offense.
17 (b) In addition to any other penalties that may be
18 imposed for a violation of this Act, a person whose access
19 to, admission to, or use of a place of public accommodation
20 is restricted because of a violation of this Act is entitled
21 to the following relief in a civil action against the person
22 who committed the violation:
23 (1) either (i) actual damages or (ii) statutory
24 damages of $500, whichever is greater, for each
25 violation;
26 (2) appropriate injunctive relief to enjoin future
27 violations; and
28 (3) costs and reasonable attorney's fees.
29 (c) Each day that a violation of this Act takes place
30 constitutes a separate violation for purposes of assessing
31 penalties or damages.".