by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Public Schools–Equal Education–Equal Rights–National Origin Minority Group Children regulations, what are the rules concerning whether schools are places of public accommodation? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).
THE STATUTORY AUTHORITY (RCW)
RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt regulations regarding whether schools are places of public accommodation. See WAC 162-28-030, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).
SCHOOLS ARE PLACES OF PUBLIC ACCOMMODATION
WAC 162-28-030 is the relevant regulation, and it addresses whether schools are places of public accommodation as follows:
(1) All public and private schools and other educational facilities in the state of Washington, except those operated or maintained by a bona fide religious or sectarian institution, are “places of public resort, accommodation, assemblage or amusement” for purposes of the Washington state law against discrimination, chapter 49.60 RCW.
(2) Definition: In this chapter, the following words are used in the meaning given, unless the context clearly indicates another meaning.
“Protected status” is short for the phrase, “race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person,” and means the full phrase (see RCW 49.60.215).
(3) Except for conditions and limitations established by law and applicable to all persons, regardless of protected status, it is an unfair practice under RCW 49.60.215 for public and private schools or educational facilities or their agents or employees, on the basis of protected status, to:
(a) Commit any act which directly or indirectly results in any distinction, restriction or discrimination;
(b) Require any person to pay a larger sum than the uniform rates charged other persons;
(c) Refuse or withhold from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in a place of public accommodation.
WAC 162-28-030 (emphasis added) (hyperlinks added).
LEARN MORE
If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.
–gw