CHAPTER 440

FORMERLY

HOUSE BILL NO. 354

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4501, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4501. Purpose and construction.

This chapter is intended to prevent, in places of public accommodations, practices of discrimination against any person because of race, age, marital status, creed, color, sex, physical disability, sexual orientation, gender identity identity, or national origin. This chapter shall be liberally construed to the end that the rights herein provided for all people, without regard to race, age, marital status, creed, color, sex, physical disability, sexual orientation, gender identity identity, or national origin, may be effectively safeguarded. Furthermore, in defining the scope or extent of any duty imposed by this chapter, higher or more comprehensive obligations established by otherwise applicable federal, state, or local enactments may be considered.

Section 2. Amend § 4502 of Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 4502. Definitions.

As used in this chapter:

(7) "Disability'' means a physical or mental impairment which substantially limits a person's major life activities, or being regarded as having such an impairment, but such terms do not include current, illegal use of a controlled substance as defined in § 102 of the Controlled Substance Act (21 U.S.C. § 802) or Chapter 47 of Title 16, Uniform Controlled Substance Act. Discrimination against a person with a disability includes discrimination against the use of a support animal because of a physical disability of the user. Support animal means any animal individually trained to do work or perform tasks to meet the requirements of a person with a physical disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

(14) A "place “Place of public accommodation'' means any establishment which caters to or offers goods or services or facilities to, or solicits patronage from, the general public. This definition includes state agencies, local government agencies, and state-funded agencies performing public functions. This definition shall apply to includes hotels and motels catering to the transient public, but it shall does not apply to the sale or rental of houses, housing units, apartments, rooming houses houses, or other dwellings, nor to tourist homes with less than 10 rental units catering to the transient public.

( ) “Service animal” means a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

Section 3. Amend § 4504 of Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4504. Unlawful practices.

(a)(1) No person being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent agent, or employee of any place of public accommodation, shall may directly or indirectly refuse, withhold from from, or deny to any person, on account of race, age, marital status, creed, color, sex, disability, sexual orientation, gender identity identity, or national origin, any of the accommodation, accommodations, facilities, advantages advantages, or privileges thereof.

(2) A place of public accommodation may provide reasonable accommodations based on gender identity in areas of facilities where disrobing is likely, such as locker rooms or other changing facilities, which reasonable accommodations may include a separate or private place for the use of persons whose gender-related identity, appearance or expression is different from their assigned sex at birth, provided that such reasonable accommodations are not inconsistent with the gender-related identity of such persons.

(3) A place of public accommodation must permit service animals as follows:

a. An individual with a disability accompanied by a service animal in any place of public accommodation. For the purpose of

b. An individual training support animals a service animal to be used by persons with disabilities, all trainers and their support animals shall be included within those covered by this subsection. disabilities accompanied by a service animal in any place of public accommodation.

Approved September 17, 2018