REPORT TITLE:
Discriminatory Practices


DESCRIPTION:
Makes it discriminatory to deny the full and equal enjoyment of
the goods, services, facilities, privileges, advantages, and
accommodations of a place of public accommodations to a woman
because she is breast feeding a child. (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2774
HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                C.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DISCRIMINATION IN PUBLIC PLACES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that medical research has
 
 2 documented the many benefits of breast milk to the health of
 
 3 children.  In fact, the American Academy of Pediatrics recommends
 
 4 that women breast feed for at least the first twelve months of a
 
 5 child's life, because to a child, the best meal is a breast meal.
 
 6      However, the legislature finds that on occasion, mothers
 
 7 have been told to leave public premises or have been discouraged
 
 8 from breast feeding by being told to breast feed in a restroom.
 
 9 The legislature believes that Hawaii's laws should support
 
10 mothers who choose to breast feed their children.
 
11      The purpose of this Act is to recognize the right of mothers
 
12 to breast feed their children in places of public accommodations,
 
13 such as stores, parks, and restaurants.
 
14      SECTION 2.  Chapter 489, Hawaii Revised Statutes, is amended
 
15 by adding a new part to be appropriately designated and to read
 
16 as follows:
 
17        "Part   .  Breast feeding in Public Accommodations
 
18      489-   Discriminatory practices; breast feeding.  It is a
 
19 discriminatory practice to deny, or attempt to deny, the full and
 
20 equal enjoyment of the goods, services, facilities, privileges,
 

 
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 1 advantages, and accommodations of a place of public
 
 2 accommodations to a woman because she is breast feeding a child.
 
 3      489-   Private cause of action.  Any person who is injured
 
 4 by an unlawful discriminatory practice under this part may bring
 
 5 proceedings to enjoin the unlawful discriminatory practice, and
 
 6 if the decree is for the plaintiff, the plaintiff shall be
 
 7 awarded reasonable attorneys' fees, the cost of suit, and $100.
 
 8 Any action under this part shall be subject to the jurisdiction
 
 9 of the district courts as provided in chapter 604, and may be
 
10 commenced and conducted in the small claims division of the
 
11 district court.
 
12      489-   Exclusion from civil rights commission.
 
13 Notwithstanding the provisions of chapter 368, this part shall
 
14 not be subject to chapter 368 and shall not be enforced by the
 
15 civil rights commission."
 
16      SECTION 3.  Chapter 489, Hawaii Revised Statutes is amended
 
17 by designating sections 489-1 to 489-8 as part I, entitled
 
18 "General Provisions".
 
19      SECTION 4.  Section 489-6, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "489-6 Complaint against unfair discrimination; reporting
 
22 requirements.  The civil rights commission shall receive
 
23 complaints of unfair discriminatory treatment in public
 

 
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 1 accommodations in accordance with the procedures established
 
 2 under chapter 368[.] ; provided that this section shall not apply
 
 3 to complaints under part    of this chapter."
 
 4      SECTION 5.  Section 489-7.5, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]489-7.5[]]  Suits by persons injured; amount of
 
 7 recovery, injunctions.(a)  Any person who is injured by an
 
 8 unlawful discriminatory practice, other than an unlawful
 
 9 discriminatory practice under part   of this chapter, may:
 
10      (1)  Sue for damages sustained, and, if the judgment is for
 
11           the plaintiff, the plaintiff shall be awarded a sum not
 
12           less than $1,000 or threefold damages by the plaintiff
 
13           sustained, whichever sum is the greater, and reasonable
 
14           attorneys' fees together with the costs of suit; and
 
15      (2)  Bring proceedings to enjoin the unlawful discriminatory
 
16           practices, and if the decree is for the plaintiff, the
 
17           plaintiff shall be awarded reasonable attorneys' fees
 
18           together with the cost of suit.
 
19      (b)  The remedies provided in subsection (a) shall be
 
20 applied in class action and de facto class action lawsuits or
 
21 proceedings provided that:
 
22      (1)  The minimum $1,000 recovery provided in subsection (a)
 
23           shall not apply in a class action or a de facto class
 

 
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 1           action lawsuit; and
 
 2      (2)  That portion of threefold damages in excess of
 
 3           compensatory damages shall be apportioned and allocated
 
 4           by the court in its exercise of discretion so as to
 
 5           promote effective enforcement of this chapter and
 
 6           deterrence from violation of its provisions.
 
 7      (c)  The remedies provided in this section are cumulative
 
 8 and may be brought in one action."
 
 9      SECTION 6.  Section 489-8, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "489-8 Civil penalty.  (a)  It shall be unlawful for a
 
12 person to discriminate unfairly in public accommodations. 
 
13      (b) Any person, firm, company, association, or corporation
 
14 who violates this chapter shall be fined a sum of not less
 
15 [[]than[]] $500 nor more than $10,000 for each violation, which
 
16 sum shall be collected in a civil action brought by the attorney
 
17 general or the civil rights commission on behalf of the State.
 
18 The penalties provided in this section shall be cumulative to the
 
19 remedies or penalties available under all other laws of this
 
20 State.  Each day of violation under this chapter shall be a
 
21 separate violation.
 
22      (c)  This section shall not apply to violations of part    
 
23 of this chapter."
 

 
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 1      SECTION 7.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 8.  This Act shall take effect on approval.