Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.400
Place of public accommodation defined

(1)

A place of public accommodation, subject to the exclusions in subsection (2) of this section, means:

(a)

Any place or service offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements, transportation or otherwise.

(b)

Any place that is open to the public and owned or maintained by a public body, as defined in ORS 174.109 (“Public body” defined), regardless of whether the place is commercial in nature.

(c)

Any service to the public that is provided by a public body, as defined in ORS 174.109 (“Public body” defined), regardless of whether the service is commercial in nature.

(2)

A place of public accommodation does not include:

(a)

A Department of Corrections institution as defined in ORS 421.005 (Definitions).

(b)

A state hospital as defined in ORS 162.135 (Definitions for ORS 162).

(c)

A youth correction facility as defined in ORS 420.005 (Definitions).

(d)

A local correction facility or lockup as defined in ORS 169.005 (Definitions for ORS 169).

(e)

An institution, bona fide club or place of accommodation that is in its nature distinctly private. [Formerly 30.675; 2013 c.429 §1; 2013 c.530 §4]

Notes of Decisions

The term, “place of public accommodation,” was not intended to include the Boy Scouts of America, at least to the extent of requiring it to accept applications by girls for membership. Schwenk v. Boy Scouts of America, 275 Or 327, 551 P2d 465 (1976)

Defendant engaged in selling ice machines at wholesale to retail businesses was not “place of public accommodation.” Graham v. Kold Kist Beverage Ice, Inc., 43 Or App 1037, 607 P2d 759 (1979)

Custom builder who constructs homes for those with whom he contracts after bid process and negotiation cannot be said to have “offered his services to the public” within meaning of this section. Parsons v. Henry, 65 Or App 627, 672 P2d 717 (1983), Sup Ct review denied

Whether private organization is place of public accommodation turns on: 1) whether organization is business or commercial enterprise; and 2) whether membership policies are so unselective that organization can fairly be said to be offering services to public. Lahmann v. Grand Aerie of Fraternal Order of Eagles, 180 Or App 420, 43 P3d 1130 (2002), Sup Ct review denied

To be place of public accommodation, organization must both offer goods or services of type described in this section and not be distinctly private. Lahmann v. Grand Aerie of Fraternal Order of Eagles, 202 Or App 123, 121 P3d 671 (2005), Sup Ct review denied

Airbnb is place of public accommodation because it offers service of searching for, finding and booking accommodations using its online platform and is so unselective in its membership criteria that it is effectively public. Harrington v. Airbnb, Inc., 348 F. Supp. 3d 1085 (D. Or. 2018)

Attorney General Opinions

Use of Military Department facilities, trucks, or color guards by organizations which discriminate on the basis of race, religion or sex, (1977) Vol 38, p 929

Source

Last accessed
Mar. 11, 2023

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