2017 ORS 659A.400¹
Place of public accommodation defined

(1) A place of public accommodation, subject to the exclusions in subsection (2) of this section, means:

(a) Any place or service offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements, transportation or otherwise.

(b) Any place that is open to the public and owned or maintained by a public body, as defined in ORS 174.109 (“Public body” defined), regardless of whether the place is commercial in nature.

(c) Any service to the public that is provided by a public body, as defined in ORS 174.109 (“Public body” defined), regardless of whether the service is commercial in nature.

(2) A place of public accommodation does not include:

(a) A Department of Corrections institution as defined in ORS 421.005 (Definitions).

(b) A state hospital as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205).

(c) A youth correction facility as defined in ORS 420.005 (Definitions).

(d) A local correction facility or lockup as defined in ORS 169.005 (Definitions for ORS 169.005 to 169.677 and 169.730 to 169.800).

(e) An institution, bona fide club or place of accommodation that is in its nature distinctly private. [Formerly 30.675; 2013 c.429 §1; 2013 c.530 §4]

(formerly 30.675)

Notes of Decisions

The term, “place of public accommoda­tion,” was not intended to include the Boy Scouts of America, at least to the extent of requiring it to accept applica­tions by girls for membership. Schwenk v. Boy Scouts of America, 275 Or 327, 551 P2d 465 (1976)

Defendant engaged in selling ice machines at wholesale to retail businesses was not “place of public accommoda­tion.” Graham v. Kold Kist Beverage Ice, Inc., 43 Or App 1037, 607 P2d 759 (1979)

Custom builder who constructs homes for those with whom he contracts after bid process and negotia­tion cannot be said to have “offered his services to the public” within meaning of this sec­tion. Parsons v. Henry, 65 Or App 627, 672 P2d 717 (1983), Sup Ct review denied

Whether Private Organiza­tion Is Place of Public Accommoda­tion Turns On

1) whether organiza­tion is business or commercial enterprise; and 2) whether membership policies are so unselective that organiza­tion can fairly be said to be offering services to public. Lahmann v. Grand Aerie of Fraternal Order of Eagles, 180 Or App 420, 43 P3d 1130 (2002), Sup Ct review denied

To be place of public accommoda­tion, organiza­tion must both offer goods or services of type de­scribed in this sec­tion and not be distinctly private. Lahmann v. Grand Aerie of Fraternal Order of Eagles, 202 Or App 123, 121 P3d 671 (2005), Sup Ct review denied

Atty. Gen. Opinions

Use of Military Depart­ment facilities, trucks, or color guards by organiza­tions which discriminate on the basis of race, religion or sex, (1977) Vol 38, p 929

(formerly 659.280 to 659.290)

Law Review Cita­tions

26 WLR 394-395 (1990)

Notes of Decisions

Termina­tion of employ­ment in retalia­tion for invoking Oregon Family Leave Act rights constitutes wrongful discharge in viola­tion of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 659A—Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors659A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 659A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.