Also known as:place of public accommodation · public accommodation · public accommodations
Written by attorneys · grounded in primary & secondary sources — see below
Establishments that serve the public and are required by statute to provide equal access to goods, services, facilities, privileges, advantages, and accommodations without discrimination. The category includes inns, restaurants, theaters, and other facilities whose operations affect interstate commerce.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Study Supplements
How it applies
Common Examples
6
Civic Group Membership Dispute
Parker Phillips applied for voting membership in a large nonprofit with over five thousand members that advertises open events to the public. The group denied the application because Parker refused to affirm its platform. The state civil rights commission ruled the organization a place of public accommodation and ordered it to admit Parker without ideological screening. The order stands because the group's size and open basic membership practices prevent any significant burden on its ability to advocate its views.
Motel Racial Exclusion
Portia Price, an African American traveler, was turned away from a motel that advertised interstate services. The motel claimed it could choose its guests freely. The court upheld federal authority to prohibit the exclusion because the motel qualifies as a place of public accommodation affecting interstate commerce.
Heart of Atlanta Motel, Inc. v. United States379 U.S. 241 (1964)
Resort Interstate Commerce Link
A privately owned resort denied entry to a guest on racial grounds. The facility served food and equipment that had moved in interstate commerce. The court held the resort a place of public accommodation reachable by federal statute under the Commerce Clause.
Romer v. Evans517 U.S. 620 (1996)
Recreational Facility Coverage
A private recreational resort refused service to travelers on the basis of race. Because its operations used goods moved in interstate commerce, the court classified it as a place of public accommodation subject to federal antidiscrimination rules.
Tunkl v. Regents of the University of California383 P.2d 441, 445-46, (Cal. 1963)
Large Organization Admission Order
A large civic organization with open membership events rejected an applicant who declined to endorse its views. The state commission found it a place of public accommodation and required admission. The order was sustained because inclusion did not significantly impair the group's expressive activities.
Loretto v. Teleprompter Manhattan CATV Corp.458 U.S. 419, 427 (1982)
State Law Extension to Private Entity
A nonprofit with thousands of members and public-facing programs denied entry on ideological grounds. The commission ruled it a place of public accommodation under state law. The court upheld the ruling because the group's size and nonselective practices allowed regulation without burdening advocacy.
Barnes v. Glen Theatre, Inc.501 U.S. 560 (1991)
Common questions
Frequently Asked
4
Which establishments qualify as places of public accommodation under Title II?+
Title II covers inns, hotels, motels, restaurants, cafeterias, lunchrooms, soda fountains, motion picture houses, theaters, concert halls, sports arenas, stadiums, and other places of exhibition or entertainment whose operations affect interstate commerce. The statute lists specific categories and extends to any facility connected to interstate commerce through goods or services.
Does a large civic organization with open basic membership qualify as a place of public accommodation?+
A large nonprofit with minimal barriers to basic membership and public-facing events qualifies when state law defines public accommodations to include such entities. The organization's size and nonselective entry practices allow antidiscrimination rules to apply without significantly impairing its expressive message.
Can a state apply public accommodations law to a private club that claims expressive purposes?+
A state may apply the law when the organization is large and nonselective at entry and the regulation leaves leadership control over official positions intact. Forced inclusion of members who do not share the group's views does not violate expressive association rights if the burden on advocacy remains insubstantial.
Does the ADA expand the definition of places of public accommodation?+
Title III of the ADA prohibits discrimination against individuals with disabilities in all places of public accommodation, including privately operated stadiums, auditoriums, convention centers, gymnasiums, health spas, bowling alleys, and golf courses. The ADA definition is not limited by employer size and reaches facilities open to the public regardless of the number of employees.
); Queenside Hills Realty Co. v. Saxl , 328 U. S. 80 (1946) (fire regulation); Bowles v. Willingham , 321 U. S. 503 (1944) (rent control); Home Building & Loan Assn. v. Blaisdell ,…
places of public accommodation
such as retail stores, restaurants, and the like render a ‘service which has become a
public
interest’ ... in the manner of the innkeepers and common carriers of old.”) ; Charles Wolff…
Constitutional LawIndividual rights · First Amendment freedomsUBEIntermediate