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| 2 | 2 | | SENATE DOCKET, NO. 2022 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1175 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Paul W. Mark |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act prohibiting injurious operations or offering services or products that discriminate against |
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| 13 | 13 | | or injure protected classes. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :Paul W. MarkBerkshire, Hampden, Franklin and |
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| 17 | 17 | | Hampshire 1 of 2 |
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| 18 | 18 | | SENATE DOCKET, NO. 2022 FILED ON: 1/17/2025 |
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| 19 | 19 | | SENATE . . . . . . . . . . . . . . No. 1175 |
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| 20 | 20 | | By Mr. Mark, a petition (accompanied by bill, Senate, No. 1175) of Paul W. Mark for legislation |
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| 21 | 21 | | to prohibit injurious operations or offering services or products that discriminate against or injure |
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| 22 | 22 | | protected classes. The Judiciary. |
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| 23 | 23 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 24 | 24 | | SEE SENATE, NO. 1044 OF 2023-2024.] |
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| 25 | 25 | | The Commonwealth of Massachusetts |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | In the One Hundred and Ninety-Fourth General Court |
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| 28 | 28 | | (2025-2026) |
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| 29 | 29 | | _______________ |
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| 30 | 30 | | An Act prohibiting injurious operations or offering services or products that discriminate against |
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| 31 | 31 | | or injure protected classes. |
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| 32 | 32 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 33 | 33 | | of the same, as follows: |
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| 34 | 34 | | 1 SECTION 1. The first sentence of the second paragraph of section 92A of chapter 272 of |
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| 35 | 35 | | 2the General Laws as appearing in the 2022 Official Edition is hereby amended by inserting after |
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| 36 | 36 | | 3word “place”, the following words:- or business, |
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| 37 | 37 | | 4 SECTION 2. The first sentence of the second paragraph of section 92A of chapter 272 is |
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| 38 | 38 | | 5hereby amended by inserting after words “patronage of”, the following words:- or offers |
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| 39 | 39 | | 6products or services to |
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| 40 | 40 | | 7 SECTION 3. Chapter 272 Section 98 of the General Laws is hereby amended to read as |
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| 41 | 41 | | 8follows: 2 of 2 |
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| 42 | 42 | | 9 Whoever makes any distinction, discrimination or restriction on account of race, color, |
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| 43 | 43 | | 10religious creed, national origin, sex, gender identity, sexual orientation, which shall not include |
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| 44 | 44 | | 11persons whose sexual orientation involves minor children as the sex object, deafness, blindness |
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| 45 | 45 | | 12or any physical or mental disability or ancestry relative to the admission of or whose operations, |
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| 46 | 46 | | 13products or services result in a discriminatory or physically injurious effect on any protected |
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| 47 | 47 | | 14person to, or his treatment by or in any place of public accommodation, resort or amusement, as |
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| 48 | 48 | | 15defined in section ninety-two A, or whoever aids or incites such distinction, discrimination, |
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| 49 | 49 | | 16treatment, physically injurious effect or restriction, whether or not the aggrieved protected party |
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| 50 | 50 | | 17seeks access to the patronage, products or services offered by the place of accommodation, resort |
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| 51 | 51 | | 18or amusement, shall be punished by a fine of not more than twenty-five hundred dollars or by |
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| 52 | 52 | | 19imprisonment for not more than one year, or both, and shall be liable to any person aggrieved |
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| 53 | 53 | | 20thereby for such damages as are enumerated in section five of chapter one hundred and fifty-one |
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| 54 | 54 | | 21B; provided, however, that such civil forfeiture shall be of an amount not less than three hundred |
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| 55 | 55 | | 22dollars; but such person so aggrieved shall not recover against more than one person by reason of |
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| 56 | 56 | | 23any one act of distinction, discrimination or restriction. All persons shall have the right to the full |
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| 57 | 57 | | 24and equal accommodations, advantages, facilities and privileges and the right to not be |
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| 58 | 58 | | 25physically injured by the operations, products or services of any place of public accommodation, |
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| 59 | 59 | | 26resort or amusement whether or not the aggrieved protected party seeks access to the patronage, |
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| 60 | 60 | | 27products or services offered by the place of accommodation, resort or amusement, subject only to |
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| 61 | 61 | | 28the conditions and limitations established by law and applicable to all persons. This right is |
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| 62 | 62 | | 29recognized and declared to be a civil right. |
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