Anti-Discrimination Law - NEW YORK

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DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

Article I, Section 11 of the New York State Constitution states "that no person shall be denied the equal protection of the laws of this state or any subdivision thereof." Article 4, Section 40 of the Civil Rights Law provides that "all persons within the jurisdiction of this state shall be entitled to the full and equal accommodations, advantages, facilities and privileges of any places of public accommodations, resort or amusement subject only to the conditions and limitations established by law and applicable alike to all persons." 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. California, 403 US 15 (1971). In addition, the right of an individual to freedom of association has long been recognized and protected by the United States Supreme Court Thus, a person's right to wear the clothing of his choice, as well as his right to belong to any club or organization 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 VIII : Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont

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