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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1101

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1964] STATE CIVIL RIGHTS STATUTES 1101 The proposed provisions are believed to reflect a careful and equitable balancing in these areas of society's interests in equal opportunity and freedom of association. I. The term "person" when used in any part of this act includes one or more individuals, partnerships, corporations, or other organized groups of persons. The term "real property" means any dwelling unit, commercial space, or real property, of whatever nature. II. It shall be unlawful for any owner, lessee, sublessee, proprietor, manager, or superintendent of any place of public accommodation, or any agent or employee thereof: a) To refuse, or deny to any person because of race, color, creed, religion, or national origin the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, color, creed, religion, or national origin in the furnishing of such accommodations, advantages, facilities, services, or privileges. b) To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, color, creed, religion, or national origin is unwelcome, objectionable, not acceptable, or not solicited. c) A "place of public accommodation" means each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers its services, facilities, or goods to the general public for a fee or charge; provided that any place, establishment, or facility that caters or offers its services, facilities, or goods to the general public gratuitously shall be deemed within the proscriptions of this act if it receives any substantial governmental support or subsidy. The term "public accommodation" shall not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private; except that where public use of such a distinctly private place, establishment, or facility is permitted, such use shall be covered by this act. III. It shall be unlawful for any person having the right to sell, rent, lease, assign, or sublease any real property or any part, portion, or interest therein, or the employees or agents of such a person: a) To refuse to sell, rent, lease, assign, or sublease any real property or part, portion, or interest therein, to any person because of the race, color, creed, religion, or national origin of such person. b) To discriminate against any person because of his race, color, creed, religion, or national origin, in the terms, conditions, or privileges of the sale, rental, lease, assignment, or sublease of any real property or any part, portion, or interest therein. c) To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or any part, portion, or interest therein, by persons of any particular race, color, creed, religion, or national origin is unwelcome, objectionable, not acceptable, or not solicited. IV. The provision of sections II and III of this act shall not apply to: a) Any bona fide religious institution with respect to any qualifications it may impose based on religion, when such qualifications are related to a bona fide religious purpose. b) The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or members of his family reside in one of such housing accommodations. c) The rental or leasing of less than six rooms within a single housing accommodation by the occupant or owner of such housing accommodation, if he or members of his family reside therein. The proposed public accommodations provision in section II will effectively proscribe discrimination in all places, establishments, or facilities open to the general public for a fee. The most difficult deter-
 
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