Delaware Senate Bill SB34

Delaware 2023-2024 Regular Session

• Introduced: 1/25/23
• Refer: 3/7/23
• Refer: 1/25/23
• Engrossed: 3/29/23
• Refer: 3/30/23
• Enrolled: 5/2/23
• Passed: 5/16/23

Caption

An Act To Amend Title 24 And Title 28 Of The Delaware Code Relating To Public Accommodations.

Impact

The proposed changes will have a significant impact on state law by aligning Delaware's legislation with modern civil rights standards. By repealing these laws, the state acknowledges and addresses its past complicity in racial discrimination, thereby reinforcing the principles of equal treatment and anti-discrimination in public spaces. This bill is a pivotal step towards ensuring that all individuals, regardless of perceived offensiveness, are entitled to equal access to public accommodations. The repeal of these provisions serves to uphold the spirit of the Delaware Equal Accommodations Law and prohibit discrimination based on race, creed, color, or national origin.

Summary

Senate Bill 34 seeks to amend the Delaware Code by repealing outdated provisions that allow public accommodations to exclude individuals based on subjective criteria deemed offensive by the majority of patrons. This bill specifically targets sections Title 24, Section 1501 and Title 28, Section 902, which have historically permitted discrimination under the guise of protecting business interests. The objective of this legislation is to eliminate these remnants of discriminatory practices that were indirectly reinforced by previous laws intended to limit the efficacy of the Civil Rights Act of 1875.

Sentiment

The sentiment surrounding SB34 appears to be largely positive among supporters of civil rights and equality, as it reflects a commitment to rectifying historical injustices within state legislation. Advocates for the bill argue that repealing these discriminatory measures will promote inclusiveness and respect for all individuals in public spaces. However, there may be opposition from those who view the bill as limiting the ability of proprietors to make business decisions based on customer preferences, indicating a division in sentiment between civil rights advocates and certain business interest groups.

Contention

Notable points of contention surrounding SB34 stem from fears that repealing these provisions may lead to a loss of private business control over who they choose to serve. Critics of the bill argue that business owners should maintain the prerogative to exclude individuals they feel might harm their business’s image. This raises broader discussions about the balance between protecting individual liberties in business operations and ensuring equitable treatment for all citizens in public accommodations. The legislation thus positions Delaware on the path toward a more equitable legal framework, albeit amidst debates on the implications of such laws.