Section 24-34-601 - Discrimination in places of public accommodation - definition(1) As used in this part 6, "place of public accommodation" means any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public, including but not limited to any business offering wholesale or retail sales to the public; any place to eat, drink, sleep, or rest, or any combination thereof; any sporting or recreational area and facility; any public transportation facility; a barber shop, bathhouse, swimming pool, bath, steam or massage parlor, gymnasium, or other establishment conducted to serve the health, appearance, or physical condition of a person; a campsite or trailer camp; a dispensary, clinic, hospital, convalescent home, or other institution for the sick, ailing, aged, or infirm; a mortuary, undertaking parlor, or cemetery; an educational institution; or any public building, park, arena, theater, hall, auditorium, museum, library, exhibit, or public facility of any kind whether indoor or outdoor. "Place of public accommodation" does not include a church, synagogue, mosque, or other place that is principally used for religious purposes.(2)(a) It is a discriminatory practice and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an individual or a group, because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or, directly or indirectly, to publish, circulate, issue, display, post, or mail any written, electronic, or printed communication, notice, or advertisement that indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation will be refused, withheld from, or denied an individual or that an individual's patronage or presence at a place of public accommodation is unwelcome, objectionable, unacceptable, or undesirable because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry.(b) A claim brought pursuant to paragraph (a) of this subsection (2) that is based on disability is covered by the provisions of section 24-34-802.(2.5) It is a discriminatory practice and unlawful for any person to discriminate against any individual or group because such person or group has opposed any practice made a discriminatory practice by this part 6 or because such person or group has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to this part 6.(3) Notwithstanding any other provisions of this section, it is not a discriminatory practice for a person to restrict admission to a place of public accommodation to individuals of one sex if such restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages, or accommodations of such place of public accommodation.(4) As used in this section, unless the context otherwise requires, "nonprofit" means any person that is listed as an exempt organization in 26 U.S.C. sec. 501 (c) and that is exempt from taxation pursuant to 26 U.S.C. sec. 501 (a) of the federal "Internal Revenue Code of 1986", as amended.(5) A nonprofit does not directly or indirectly participate or intervene in a political campaign merely by renting out space for a political event at the nonprofit's customary and usual rates.Amended by 2024 Ch. 224,§ 1, eff. 8/7/2024.Amended by 2021 Ch. 156, § 7, eff. 9/7/2021.Amended by 2014 Ch. 250, § 7, eff. 8/6/2014.L. 79: Entire part R&RE, p. 937, § 3, effective July 1. L. 89: (2.5) added, p. 1043, § 11, effective July 1. L. 93: (2) amended, p. 1661, § 65, effective July 1. L. 2008: (1) and (2) amended, p. 1596, § 6, effective May 29. L. 2014: (2) amended, (SB 14-118), ch. 978, p. 978, § 7, effective August 6. .In 303 Creative LLC v. Elenis, 600 U.S. 570 (2023), the United States Supreme Court held that under the first amendment of the United States Constitution subsection (2)(a) is unconstitutional as applied to a website designer by forcing the designer to create expressive designs speaking messages with which the designer disagrees.
2024 Ch. 224, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For the legislative declaration contained in the 2008 act amending subsections (1) and (2), see section 1 of chapter 341, Session Laws of Colorado 2008. (2) For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.