Discrimination in Public Accommodations

Businesses open to the public must treat all customers equally and lawfully. When they do not, the law provides powerful tools to hold them accountable. The public housing attorney at Murray Law LLC represents individuals in Denver and throughout Colorado who have faced discrimination while banking, shopping, dining, receiving services, or doing business in public spaces.

If you were denied service, treated differently, or harassed because of who you are, don't hesitate to contact our office, as you may have a strong legal claim.

The Colorado Anti-Discrimination Act [CADA] prohibits discrimination in public accommodations.

This Colorado law prohibits discrimination against individuals based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry.

Colorado law broadly defines public accommodation as any business that sells goods or offers services, facilities, or privileges to the public.

Businesses that violate the Colorado public accommodations law may face liability for monetary damages to the victim of discrimination, fines, and payment of attorney fees and costs.

No one should be watched, questioned, denied service, or pushed aside because of their race, color, ancestry, ethnicity, national origin, disability, sexual orientation, or other protected characteristics.

These experiences are degrading and unlawful. The law exists to prevent this treatment and to hold violators accountable.

Examples include:

• Retail stores and wholesale businesses
• Banks
• Hotels and Motels
• Restaurants, cafes, and bars.
• Gyms, sports arenas, and recreational areas
• Public transportation facilities
• Salons and spas.
• Businesses offering services related to personal appearance.
• Clinics, hospitals, nursing homes, and similar care facilities
• Schools and educational institutions
• Public buildings, parks, theaters, museums, libraries, and auditoriums
• Any indoor or outdoor facility serving the public
• Movie theaters, concert halls, sports arenas, stadiums.

Marketplace Discrimination Under Federal Law

Many federal laws prohibit discrimination.

A key federal law is Section 1981, 42 U.S.C. § 1981, which comes from Section 1 of the 1866 Civil Rights Act, a law passed during Reconstruction.

Section 1981 prohibits discrimination based on race. Courts broadly interpret this law to include ancestry, color, and ethnicity.

Section 1981 protects the right to make and enforce contracts. Nearly every business transaction may constitute a contract, whether you:

• Make a purchase at a store
• Apply for a loan
• Hire a contractor
• Purchase a service
• Dine at a restaurant
• Lease equipment or space

Because Section 1981 applies to private businesses, it covers nearly every interaction between a customer and a merchant. It applies from the first conversation through the final transaction. It applies to discriminatory conduct that occurs after a sale.

Examples of unlawful discrimination include:

• A store refusing to serve you because of your race
• A bank refusing to cash your check
• A restaurant making you wait longer, seating you separately, or giving you inferior service
• Office staff shunning you, following you, questioning you, or treating you as suspicious without cause
• A business denying access or privileges it readily extends to persons of a different race

These unlawful, offensive, discriminatory events are often referred to as “shopping while black.”

A person who has been discriminated against under Section 1981 may file a lawsuit directly in state or federal court.

Section 1981 allows for a wide range of remedies, including economic damages and compensation for emotional distress, humiliation, and loss of enjoyment of life. There is no cap on compensatory damages.

Title II of the Civil Rights Act of 1964 is a federal law prohibiting discrimination in public accommodations based on race, color, religion, or national origin. This law is designed to ensure equal access to goods, services, and facilities.

Title III of the Americans with Disabilities Act (ADA) is a federal law prohibiting disability discrimination in public accommodations for disability).

How a Public Housing Attorney at Murray Law LLC Can Help

Murray Law LLC reviews your experience, identifies potential claims under Colorado and federal law, and pursues the strongest legal path forward. Our goal is to seek compensation for the harm you suffered while also holding discriminatory businesses accountable and helping prevent future misconduct.

If you were refused service, treated unfairly, followed by staff, denied equal access, or harassed while trying to do business, you may have a valid claim.

Steven Murray and Murray Law want to listen to you, hear you, and help you.