Anti-Discrimination Law - ARIZONA

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DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

Arizona's Civil Rights legislation codified in A.R.S. Sec.41-1401, et.seq. establish a Civil Rights Division & Advisory Board and was modeled after the U.S. Civil Rights Act of 1964 (Title VII,42 U.S.C.A Section 2000e,et.seq.),therefore the Federal courts construction of Title VII is persuasive in construing Arizona's Civil Rights Act. A "civil right" has been defined as a privilege accorded to and or a right due from one individual and another, the trespassing upon which is a civil injury for which redress may be sought in a civil action. The interference with a person's lawful conduct and actions is a violation of a civil right U.S. v.Gugel,119 F,Supp.897. To come within the provisions of the Federal Civil Rights Act, discrimination need not be only on the grounds of race, color, national origin, etc., any invidious discrimination is covered. Nanez v. Ritger, 304 F.Supp.354. Coverage includes the right to free speech, peaceable assembly and freedom of association. Ames v.Vavreck, 356 F.Supp.931.

The U.S. Supreme Court has ruled that individuals have the constitutional right under the First Amendment to wear clothing which displays writing or designs. Cohen V. Ca.,403 U.S.1 5.Arizona prohibits discrimination in all "Places of Public Accommodation" which includes all public places of entertainment, amusement or recreation and all public places where food or beverages are sold for consumption on the premises. Thus, a person's right to wear the clothing of his choice, as well as his right to belong to any club or organization of his choice is constitutionally protected and persons or establishments who discriminate on the basis of clothing or club membership are subject to lawsuit.

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NCOM Region

REGION IX : Arizona, Nevada, New Mexico, Utah

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