MN Equal MC Access Law

Category:

MN EQUAL MC ACCESS LAW

(this law is currently on Minnesota's books and reflects, as far as we can tell, an attempt to eliminate discrimination towards bikers wearing club 'colors') Well, hey, it's a start...

[604.12] [RESTRICTIONS ON DENYING ACCESS TO PLACES OF
PUBLIC ACCOMMODATION; CIVIL ACTIONS.]

Subd.1. [DEFINITIONS.] As used in this section:
(1) “place of public accommodation” has the meaning given in section
363.01, subdivision 33, but excludes recreational trails; and
(2) “criminal gang” has the meaning given in section 609.229,
subdivision 1.

Subd.2. [PROHIBITION.]
(1) A place of public accommodation may not restrict access, admission, or
usage to a person solely because the person operates a motorcycle or is wearing
clothing that displays the name of an organization or association.
(2) This subdivision does not prohibit the restriction of access, admission or
usage to a person because:
(a) the person’s conduct poses a risk to the health or safety of another or to
the property of another; or (b) the clothing worn by the person is obscene or
includes the name or symbol of a criminal gang.

Subd.3. [CIVIL CAUSE OF ACTION.] A person injured by violation of subdivision
2 may bring an action for actual damages, punitive damages under sections
549.191 and 549.20 in an amount not to exceed $500, injuctive relief,
and reasonable attorney fees in an amount not to exceed $500.

Subd. 4. [VIOLATION NOT A CRIME.] Notwithstanding section 645.241, a
violation of subdivision is not a crime.

(1) Public Accommodations. ‘Place of public accommodation’ means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.

(2) [Definition.] As used in this section, ‘criminal gang’ means any ongoing organization, association, or group of three or more persons, whether formal or informal, that:

(a) has, as one of its primary activities, the commission of one or more to the
offenses listed in section 609.11 subdivision 9:
1st, 2nd or 3rd Degree Murder 1st, 2nd or 3rd Degree Assault Burglary
Kidnapping False Imprisonment 1st or 2nd Degree Manslaughter Aggravated
Robbery Simple Robbery Criminal Sexual Conduct Escape from Custody 1st,
2nd or 3rd Degree Arson Drive-by Shooting Possession/Unlawful Firearm Use
Or attempt to commit any of these offenses: (b) has a common name or common
identifying sign or symbol; and (c) includes members who individually
or collectively engage in or have engaged in a pattern of criminal activity.