Subject to the limitations in Section 45-9-110, a party aggrieved as a result of a person or group of persons violating the provisions of Article 1 may institute an action in his own name in the circuit court to recover damages for violations of Article 1. A single act of discrimination or segregation may constitute proof of a violation of Article 1 without the necessity of proving a pattern or practice of discrimination or segregation. Upon a finding that a person has violated the provisions of Article 1, the amount of damages that an aggrieved party has sustained is declared to be a minimum of five thousand dollars. In addition, the court, upon a finding that a person violated the provisions of Article 1, shall award the aggrieved party reasonable attorney's fees, as determined by the court, and costs.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
Structure South Carolina Code of Laws
Title 45 - Hotels, Motels, Restaurants and Boardinghouses
Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations
Section 45-9-20. Exception for private establishments.
Section 45-9-50. Hearing on complaint by Attorney General; notice of hearing.
Section 45-9-70. Right to intervene in action.
Section 45-9-75. Final decision of panel; appeals.
Section 45-9-85. Penalty for violating confidentiality provisions.
Section 45-9-90. Penalty for violating provisions of Article 1.
Section 45-9-100. Action for damages by aggrieved party; minimum damages for violation.
Section 45-9-110. Prerequisites to action for damages; conciliation.