HOUSE BILL 1082

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO HUMAN RIGHTS; PROVIDING THAT A PLACE OF PUBLIC ACCOMMODATION SHALL NOT DENY ACCESS TO A PERSON WHO OPERATES A MOTORCYCLE; PRESCRIBING CIVIL DAMAGES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. PLACE OF PUBLIC ACCOMMODATION--RESTRICTION ON DENIAL OF ACCESS TO A PERSON WHO OPERATES A MOTORCYCLE--CIVIL DAMAGES.--

          A. A place of public accommodation shall not restrict access, admission or usage to a person solely because the person:

                (1) operates a motorcycle;

                (2) is a member of a motorcycle organization or association; or

                (3) is wearing clothing that displays the name of a motorcycle organization or association.

          B. Notwithstanding the provisions of Subsection A of this section, a place of public accommodation may restrict access, admission or usage to a person because the person's:

                (1) conduct poses a risk to the health or safety of another person or to the property of another person;

or 

                (2) clothing does not conform to an established and posted dress code.

          C. A person who is denied access to, admission to or usage of a place of public accommodation pursuant to Subsection A of this section may bring an action for:

                (1) civil damages in an amount not to exceed five hundred dollars ($500);

                (2) injunctive relief; and

                (3) recovery of attorney fees in an amount not to exceed five hundred dollars ($500).

          D. As used in this section, "place of public accommodation" means a business, refreshment, entertainment, recreation or transportation facility of any kind, whether licensed or not, whose goods, services, privileges or accommodations are extended, offered, sold or otherwise made available to the public.

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.