Wallace, Carroll, Rosenthal L, Brown E, Brown K, Bores, Gunther, Glick, Levenberg
MLTSPNSR
Amd §40-b, Civ Rts L
Includes sporting events within the definition of places of public entertainment and amusement for purposes of wrongful refusal of admission to and ejection from places of public entertainment and amusement.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3195
SPONSOR: Simone TITLE OF BILL:
An act to amend the civil rights law, in relation to including sporting
events within the definition of places of public entertainment and
amusement for purposes of wrongful refusal of admission to and ejection
from places of public entertainment and amusement
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 40-b of the Civil Rights law to
include "sporting events" within the meaning of "places of public enter-
tainment and amusement"
Section 2 of the bill is the effective date. This act shall take effect
immediately.
JUSTIFICATION:
New York's Civil Rights Law bars places of public entertainment and
amusement to refuse entry to any public performance for any person over
the age of 21 years who presents a ticket of admission. This legislation
would add sporting events to the meaning of places of public enter-
tainment and amusement.
In New York City in 2022 and 2023, Madison Square Garden Entertainment
(MSG) rejected at least four ticket-holding individuals from attending
events at their venues simply for working for law firms that were in
active litigation with MSG. This is a clear example of retaliation, and
an attempt to chill free speech and access to the courts. As a place of
public entertainment and amusement, everyone who wants to buy a ticket
to a Rangers or a Knicks game should be allowed to enjoy the event,
regardless of their place of employment. Sporting events are central to
New York's cultural life, entertainment, and economy. It's time to
include sporting events in the meaning of public entertainment and
amusement.
PRIOR LEGISLATIVE HISTORY:
NA
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3195
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. SIMONE, WALLACE, CARROLL, L. ROSENTHAL, E. BROWN,
K. BROWN, BORES, GUNTHER, GLICK -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the civil rights law, in relation to including sporting
events within the definition of places of public entertainment and
amusement for purposes of wrongful refusal of admission to and
ejection from places of public entertainment and amusement
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 40-b of the civil rights law, as added by chapter
2 893 of the laws of 1941, is amended to read as follows:
3 § 40-b. Wrongful refusal of admission to and ejection from places of
4 public entertainment and amusement. No person, agency, bureau, corpo-
5 ration or association, being the owner, lessee, proprietor, manager,
6 superintendent, agent or employee of any place of public entertainment
7 and amusement as hereinafter defined shall refuse to admit to any public
8 performance held at such place any person over the age of twenty-one
9 years who presents a ticket of admission to the performance a reasonable
10 time before the commencement thereof, or shall eject or demand the
11 departure of any such person from such place during the course of the
12 performance, whether or not accompanied by an offer to refund the
13 purchase price or value of the ticket of admission presented by such
14 person; but nothing in this section contained shall be construed to
15 prevent the refusal of admission to or the ejection of any person whose
16 conduct or speech thereat or therein is abusive or offensive or of any
17 person engaged in any activity which may tend to a breach of the peace.
18 The places of public entertainment and amusement within the meaning of
19 this section shall be legitimate theatres, burlesque theatres, music
20 halls, opera houses, concert halls, sporting events and circuses.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06523-01-3
