Hawaii Revised Statutes Title 26 Trade Regulation and Practice, Chapter 489 Discrimination in Public Accommodations
Chapter 489 of Hawaii Revised Statutes safeguards the right of every person in Hawaii to access public accommodations, such as hotels, restaurants, retail stores, entertainment venues, and other establishments, without discrimination. Section 489-1 proclaims the purpose of the law is to protect the dignity and welfare of all people by prohibiting discrimination in public spaces. Section 489-2 defines protected characteristics; including ability status, gender identity or expression, and sexual orientation, as well as what is considered to be a "pace of public accommodation." Section 489-3 makes it unlawful for any place of public accommodation to deny or withhold goods, services, or facilities on discriminatory grounds. Section 489-4 authorizes limited exceptions for privacy, such as separate restroom or dressing-room facilities. Section 489-5 bars other discriminatory behaviors, including harassment or refusal of service. Section 489-6 sets out the procedures for filing complaints with the Hawaii Civil Rights Commission and establishes basic reporting requirements. Section 489-7.5 gives individuals the right to sue for damages or injunctive relief, while § 489-8 authorizes civil penalties against violators. Section 489-21 specifically prohibits discrimination against breastfeeding individuals, and § 489-22 establishes a private cause of action for victims of unlawful discriminatory practices. Anticipated updates to expand protections in communications technology and web accessibility are expected in 2027.
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- 2017
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Jurisdiction