§489-3 Discriminatory practices prohibition. Unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race; sex, including gender identity or expression; sexual orientation; color; religion; ancestry; or disability, including the use of a service animal, are prohibited. [L 1986, c 292, pt of §1; am L 1990, c 210, §2; am L 1992, c 33, §5; am L 2006, c 76, §3; am L 2018, c 217, §8]
Law Journals and Reviews
An Analysis of Hawai`i's Tradition of "Local" Ethnic Humor. 30 UH L. Rev. 219.
Airbnb in Paradise: Updating Hawai`i's Legal Approach Towards Racial Discrimination in the Sharing Economy. 39 UH L. Rev. 435 (2017).
Hounds at the Hospital, Cats at the Clinic: Challenges Associated with Service Animals and Animal-Assisted Interventions in Healthcare Facilities. 40 UH L. Rev. 53 (2018).
Case Notes
Individual plaintiffs' claims under this section were reinstated against defendants, where one of the defendants allegedly made a racial slur that was either directed at or witnessed by the individual plaintiffs. 300 F. Supp. 2d 1003.
Structure Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
489. Discrimination in Public Accommodations
489-3 Discriminatory practices prohibition.
489-4 Exception, privacy requirements.
489-5 Other discriminatory practices.
489-6 Complaint against unfair discrimination; reporting requirements.
489-7 No limitation on causes of action.
489-7.5 Suits by persons injured; amount of recovery, injunctions.
489-9 Motion picture theater accommodation.
489-21 Discriminatory practices; breastfeeding.