Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities
Section 14.03.02.09 - Public Accommodations Practices
Universal Citation: MD Code Reg 14.03.02.09
Current through Register Vol. 51, No. 19, September 20, 2024
A. Unlawful Practices in Public Accommodations Generally. An owner, operator, manager, or lessor of a place of public accommodation may not discriminate on the basis of disability against an individual in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations.
B. Unlawful Practices in Public Accommodations Specifically.
(1) Unlawful
Denial of Participation. An owner, operator, manager, or lessor of a place of
public accommodation may not deny an individual with a disability, directly or
indirectly, or through contractual, licensing, or other arrangements, the
opportunity to participate in, or benefit from, a good, service, facility,
privilege, advantage, or accommodation of a place of public
accommodation.
(2) Unequal
Participation. An owner, operator, manager, or lessor of a place of public
accommodation may not deny an individual with a disability, directly or
indirectly, or through contractual, licensing, or other arrangements, the
opportunity to participate in, or benefit from, a good, service, facility,
privilege, advantage, or accommodation of a place of public accommodation that
is equal to that afforded to an individual without a disability.
(3) Separate Benefit. A public accommodation
may provide separate benefits for individuals with disabilities only if
requiring that individuals with disabilities be provided the same benefits as
provided to individuals without disabilities would in effect create a barrier
to full accessibility for the individual with a disability.
(4) Examples of when a public accommodation
is permitted to provide a separate benefit include, but are not limited to:
(a) An athletic club which may provide a
separate basketball league for wheelchair users, because integrating wheelchair
users with nondisabled persons in the same game would create a barrier to full
accessibility for the wheelchair users; and
(b) A museum which may provide a separate
benefit to blind visitors through a separate tour in which they touch objects
because the general rule that prohibits touching would create a barrier to full
accessibility for blind visitors.
(5) The example in §B(4)(b) of this
regulation may not be construed to deny blind visitors the right to go on the
standard tour observing the general rules applicable to all visitors.
(6) Eligibility Criteria. An owner, operator,
manager, or lessor of a place of public accommodation may not impose, or apply
eligibility criteria, that screen out or tend to screen out an individual with
a disability from fully and equally participating in a good, service, facility,
privilege, advantage, or accommodation, unless this criteria can be shown to be
necessary for the provision of the good, service, facility, privilege,
advantage, or accommodation.
(7)
Surcharge. An owner, operator, manager, or lessor of a place of public
accommodation may not impose a surcharge on an individual with a disability to
cover the costs of complying with State Government Article, §§
20-301"20-305,
Annotated Code of Maryland.
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