Conn. Gen. Stat. § 46a-64

Current with legislation from the 2023 Regular and Special Sessions.
Section 46a-64 - (Formerly Sec. 53-35). Discriminatory public accommodations practices prohibited. Penalty
(a) It shall be a discriminatory practice in violation of this section:
(1) To deny any person within the jurisdiction of this state full and equal accommodations in any place of public accommodation, resort or amusement because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability, physical disability, including, but not limited to, blindness or deafness, status as a veteran or status as a victim of domestic violence, of the applicant, subject only to the conditions and limitations established by law and applicable alike to all persons;
(2) to discriminate, segregate or separate on account of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness or deafness, status as a veteran or status as a victim of domestic violence;
(3) for a place of public accommodation, resort or amusement to restrict or limit the right of a mother to breast-feed her child;
(4) for a place of public accommodation, resort or amusement to fail or refuse to post a notice, in a conspicuous place, that any blind, deaf or mobility impaired person, accompanied by his guide dog wearing a harness or an orange-colored leash and collar, may enter such premises or facilities; or
(5) to deny any blind, deaf or mobility impaired person or any person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person, accompanied by his guide dog or assistance dog, full and equal access to any place of public accommodation, resort or amusement. Any blind, deaf or mobility impaired person or any person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person may keep his guide dog or assistance dog with him at all times in such place of public accommodation, resort or amusement at no extra charge, provided the dog wears a harness or an orange-colored leash and collar and is in the direct custody of such person. The blind, deaf or mobility impaired person or person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person shall be liable for any damage done to the premises or facilities by his dog. For purposes of this subdivision, "guide dog" or "assistance dog" includes a dog being trained as a guide dog or assistance dog and "person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person" means a person who is employed by and authorized to engage in designated training activities by a guide dog organization or assistance dog organization that complies with the criteria for membership in a professional association of guide dog or assistance dog schools and who carries photographic identification indicating such employment and authorization.
(b)
(1) The provisions of this section with respect to the prohibition of sex discrimination shall not apply to (A) the rental of sleeping accommodations provided by associations and organizations which rent all such sleeping accommodations on a temporary or permanent basis for the exclusive use of persons of the same sex or (B) separate bathrooms or locker rooms based on sex.
(2) The provisions of this section with respect to the prohibition of discrimination on the basis of age shall not apply to minors or to special discount or other public or private programs to assist persons sixty years of age and older.
(3) The provisions of this section with respect to the prohibition of discrimination on the basis of physical disability shall not require any person to modify his property in any way or provide a higher degree of care for a physically disabled person, including, but not limited to blind or deaf persons, than for a person not physically disabled.
(4) The provisions of this section with respect to the prohibition of discrimination on the basis of creed shall not apply to the practice of granting preference in admission of residents into a nursing home as defined in section 19a-490, if (A) the nursing home is owned, operated by or affiliated with a religious organization, exempt from taxation for federal income tax purposes and (B) the class of persons granted preference in admission is consistent with the religious mission of the nursing home.
(5) The provisions of this section with respect to the prohibition of discrimination on the basis of lawful source of income shall not prohibit the denial of full and equal accommodations solely on the basis of insufficient income.
(c) Any person who violates any provision of this section shall be guilty of a class D misdemeanor.

Conn. Gen. Stat. § 46a-64

(1949 Rev., S. 8375; 1949, 1953, S. 3267d; 1959, P.A. 113; 1961, P.A. 472; 1963, P.A. 594; February, 1965, P.A. 141; 1967, P.A. 177, S. 1; 1972, P.A. 186, S. 15; P.A. 73-119; 73-279, S. 6; P.A. 74-205; P.A. 75-323; P.A. 76-49, S. 3; P.A. 77-604, S. 37, 84; P.A. 78-148, S. 12; P.A. 79-186; P.A. 80-422, S. 12; 80-483, S. 135, 186; P.A. 85-289, S. 7; 85-512, S. 5; P.A. 88-114; 88-288; P.A. 89-21, S. 2; 89-288, S. 2; P.A. 90-230, S. 63, 101; 90-246, S. 3; 90-330, S. 4, 11; P.A. 94-238 , S. 4 , 6 ; P.A. 97-141 , S. 2 ; 97-210 , S. 1 ; P.A. 07-217 , S. 167 ; P.A. 11-55 , S. 25 ; 11-129 , S. 20 ; P.A. 12-80 , S. 94 ; P.A. 17-127 , S. 5 .)

Amended by P.A. 22-0082, S. 13 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.
Amended by P.A. 17-0127, S. 5 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.
Amended by P.A. 12-0080, S. 94 of the the 2012 Regular Session, eff. 10/1/2012.
Amended by P.A. 11-0055, S. 25 of the the 2011 Regular Session, eff. 10/1/2011.

Annotations to former section 53-35 : Barbershop not a place of public accommodation. 79 C. 541 . Wife could be enjoined from renting her interest in apartment owned jointly with her husband, where it was proven she refused rental because of plaintiff's race, but no proof was given that husband authorized discrimination. 157 C. 20 . Cited. 160 Conn. 226 ; 165 C. 516 ; 201 C. 350 ; 204 Conn. 287 . Tavern operating under a permit comes within statute. 7 CS 443. Cited. 20 CS 171 . Hospital deemed public accommodation re constitutional discrimination. 30 CS 1 . Cited. 35 CS 549 ; Id., 565. Defendant owner of rental premises violated section by discriminating against complainant, a prospective tenant, in rental of apartment because of her Puerto Rican ancestry. 6 Conn. Cir. Ct. 179. Annotations to present section: Complainant at outset must establish a prima facie case of discrimination and as part of initial burden must introduce evidence that he was ready to accept the legitimate objective requirements of tenancy. 200 C. 261. Cited. 201 Conn. 350 ; 232 C. 645 . Cited. 45 Conn.App. 1 . Subsec. (a): Subdiv. (1): Denial of opportunity to serve as scoutmaster is not a deprivation of an "accommodation". 204 Conn. 287 . Cited. 220 Conn. 192 . Cited. 18 Conn.App. 126 . Although no private organization is duty-bound to offer its services and facilities to all comers, once such an organization has determined to eschew selectivity, under statute it may not discriminate among the general public; accordingly, coverage under Subsec. depends, in each case, upon extent to which a particular establishment has maintained a private relationship with its own constituency or a general relationship with the public at large; Connecticut courts, in construing state antidiscrimination statutes that have similar federal counterparts, have looked to federal case law for guidance, even though federal and state statutes may differ somewhat; under certain circumstances, federal law defines the beginning and not the end of state's approach to the subject; consequently, on occasion, state courts have interpreted statutes even more broadly than their counterparts, to provide even greater protections to state citizens, especially in the area of civil rights. 99 CA 839 .

See Sec. 1-1f for definitions of "blind" and "physically disabled". See Sec. 46a-42 re definition of "mobility impaired person". See Sec. 46b-35a re denial of certain accommodations on religious grounds.