| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §4591, as amended by PL 1991, c. 99, §20, is further | amended to read: |
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| §4591. Equal access to public accommodations |
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| | The opportunity for every individual to have equal access to | places of public accommodation without discrimination because of | race, color, sex, physical or mental disability, religion, | ancestry or national origin or because the person operates a | motorcycle or wears clothing that displays the name of a | motorcycle association or organization is recognized as and | declared to be a civil right. |
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| | Sec. 2. 5 MRSA §4592, sub-§§1 and 2, as amended by PL 1995, c. 393, §22, | are further amended to read: |
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| | 1. Denial of public accommodations. For any public | accommodation or any person who is the owner, lessor, lessee, | proprietor, operator, manager, superintendent, agent or employee | of any place of public accommodation to directly or indirectly | refuse, discriminate against or in any manner withhold from or | deny the full and equal enjoyment to any person, on account of | race or color, sex, physical or mental disability, religion, | ancestry or national origin or because the person operates a | motorcycle or wears clothing that displays the name of a | motorcycle association or organization, any of the | accommodations, advantages, facilities, goods, services or | privileges of public accommodation, or in any manner discriminate | against any person in the price, terms or conditions upon which | access to accommodation, advantages, facilities, goods, services | and privileges may depend. |
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| For purposes of this subsection, unlawful discrimination also | includes, but is not limited to: |
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| A. The imposition or application of eligibility criteria | that screen out or tend to screen out an individual with a | disability or any class of individuals with disabilities | from fully and equally enjoying any goods, services, | facilities, privileges, advantages or accommodations, unless | the criteria can be shown to be necessary for the provision | of the goods, services, facilities, privileges, advantages | or accommodations being offered; |
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| B. A failure to make reasonable modifications in policies, | practices or procedures, when modifications are necessary to | afford the goods, services, facilities, privileges, advantages or | accommodations to individuals with |
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