General Assembly Of North Carolina
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Second Extra Session 2016
"Equal Access to Public Accommodations.
"§ 143-422.10. Short title.
This Article shall be known and may be cited as the Equal Access to Public Accommodations
Act.
"§ 143-422.11. Legislative declaration.
(a)
It is the public policy of this State to protect and safeguard the right and opportunity of
all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges,
advantages, and accommodations of places of public accommodation free of discrimination
because of race, religion, color, national origin, or biological sex, provided that designating
multiple or single occupancy bathrooms or changing facilities according to biological sex, as
defined in G.S. 143-760(a)(1), (3), and (5), shall not be deemed to constitute discrimination.
(b)
The General Assembly declares that the regulation of discriminatory practices in places
of public accommodation is properly an issue of general, statewide concern, such that this Article
and other applicable provisions of the General Statutes supersede and preempt any ordinance,
regulation, resolution, or policy adopted or imposed by a unit of local government or other
political subdivision of the State that regulates or imposes any requirement pertaining to the
regulation of discriminatory practices in places of public accommodation.
"§ 143-422.12.
Places of public accommodation – defined.
For purposes of this Article, places of public accommodation has the same meaning as defined
in G.S. 168A-3(8), but shall exclude any private club or other establishment not, in fact, open to
the public.
"§ 143-422.13. Investigations; conciliations.
The Human Relations Commission in the Department of Administration shall have the
authority to receive, investigate, and conciliate complaints of discrimination in public
accommodations.
Throughout this process, the Human Relations Commission shall use its good
offices to effect an amicable resolution of the complaints of discrimination. This Article does not
create, and shall not be construed to create or support, a statutory or common law private right of
action, and no person may bring any civil action based upon the public policy expressed herein."
PART IV. SEVERABILITY
SECTION 4.
If any provision of this act or its application is held invalid, the
invalidity does not affect other provisions or applications of this act that can be given effect
without the invalid provisions or application, and to this end the provisions of this act are
severable. If any provision of this act is temporarily or permanently restrained or enjoined by
judicial order, this act shall be enforced as though such restrained or enjoined provisions had not
been adopted, provided that whenever such temporary or permanent restraining order or injunction
is stayed, dissolved, or otherwise ceases to have effect, such provisions shall have full force and
effect.
PART V. EFFECTIVE DATE
SECTION 5.
This act is effective when it becomes law and applies to any action
taken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended
on or after that date, and to any contract entered into on or after that date. The provisions of
Sections 2.1, 2.2, 2.3, 3.1, 3.2, and 3.3 of this act supersede and preempt any ordinance, resolution,
regulation, or policy adopted prior to the effective date of this act that purports to regulate a
subject matter preempted by this act or that violates or is not consistent with this act, and such
ordinances, resolutions, regulations, or policies shall be null and void as of the effective date of
this act.
House Bill 2-First Edition
Page 5
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