(a) An owner, lessee, operator, manager, agent, or employee of any place of public accommodation in the County must not, with respect to the accommodation:
(1) make any distinction with respect to any person based on race, color, sex, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender expression, HIV status, or gender identity in connection with:
(A) admission;
(B) service or sales; or
(C) price, quality, or use of any facility or service;
(2) display, circulate or publicize or cause to be displayed, circulated or publicized, directly or indirectly, any notice, communication, or advertisement that states or implies:
(A) any distinction in the availability of any facility, service, commodity, or activity related to the accommodation that would violate paragraph (1), or
(B) that the patronage or presence of any person is unwelcome, objectionable, unacceptable, or not desired or solicited on account of any person's race, color, sex, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender expression, HIV status, or gender identity;
(3) retaliate against any person because that person:
(A) lawfully opposed any discriminatory practice under this division; or
(B) filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this division;
(4) assist in, compel, or coerce any discriminatory practice under this division;
(5) obstruct or prevent enforcement or compliance with this division; or
(6) attempt directly or indirectly to commit any discriminatory practice under this division.
(b) A person must not refuse to make any readily achievable modification that would give a person with a disability equal opportunity to use and enjoy the public accommodation. (Mont. Co. Code 1965, § 77-10; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1978 L.M.C., ch. 6, § 4; 1984 L.M.C., ch. 26, § 8; 2001 L.M.C., ch. 9, § 1;
2001 L.M.C., ch. 33
, § 1; 2006 L.M.C., ch. 33, § 1; 2007 L.M.C., ch. 18, § 1; 2020 L.M.C., ch. 30, §1.)
Editor's note—
Section 27-11
is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008) and in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007). The above section is interpreted and applied in Holiday Spas v. Montgomery County Human Relations Commission, 70 Md.App. 344, 521 A.2d 340 (1987) and in Peppin v. Woodside Delicatessen, 67 Md.App. 39, 506 A.2d 263 (1986).
See County Attorney Opinion dated 6/16/00 indicating that the Human Relations Commission does not have jurisdiction to investigate complaints of housing or public accommodation discrimination by inmates at the County detention center.
Section 27-11, formerly § 27-9, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-11, relating to definitions under division 2, discrimination in real estate, derived from Mont. Co. Code 1965, § 77-12; Ord. No. 6-57; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1977 L.M.C., ch. 30, § 5; 1984 L.M.C., ch. 26, § 9; 1988 L.M.C., ch. 4, § 1; CY 1991 L.M.C., ch. 3, § 1, was repealed by 2001 L.M.C., ch. 9, § 1.