(1) As used in this part 6, "place of public accommodation" means any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public, including but not limited to any business offering wholesale or retail sales to the public; any place to eat, drink, sleep, or rest, or any combination thereof; any sporting or recreational area and facility; any public transportation facility; a barber shop, bathhouse, swimming pool, bath, steam or massage parlor, gymnasium, or other establishment conducted to serve the health, appearance, or physical condition of a person; a campsite or trailer camp; a dispensary, clinic, hospital, convalescent home, or other institution for the sick, ailing, aged, or infirm; a mortuary, undertaking parlor, or cemetery; an educational institution; or any public building, park, arena, theater, hall, auditorium, museum, library, exhibit, or public facility of any kind whether indoor or outdoor. "Place of public accommodation" does not include a church, synagogue, mosque, or other place that is principally used for religious purposes.
(2) (a) It is a discriminatory practice and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an individual or a group, because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or, directly or indirectly, to publish, circulate, issue, display, post, or mail any written, electronic, or printed communication, notice, or advertisement that indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation will be refused, withheld from, or denied an individual or that an individual's patronage or presence at a place of public accommodation is unwelcome, objectionable, unacceptable, or undesirable because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry.
(b) A claim brought pursuant to paragraph (a) of this subsection (2) that is based on disability is covered by the provisions of section 24-34-802.
(2.5) It is a discriminatory practice and unlawful for any person to discriminate against any individual or group because such person or group has opposed any practice made a discriminatory practice by this part 6 or because such person or group has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to this part 6.
(3) Notwithstanding any other provisions of this section, it is not a discriminatory practice for a person to restrict admission to a place of public accommodation to individuals of one sex if such restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages, or accommodations of such place of public accommodation.
(4) As used in this section, unless the context otherwise requires, "nonprofit" means any person that is listed as an exempt organization in 26 U.S.C. sec. 501 (c) and that is exempt from taxation pursuant to 26 U.S.C. sec. 501 (a) of the federal "Internal Revenue Code of 1986", as amended.
(5) A nonprofit does not directly or indirectly participate or intervene in a political campaign merely by renting out space for a political event at the nonprofit's customary and usual rates.
Source: L. 79: Entire part R&RE, p. 937, § 3, effective July 1. L. 89: (2.5) added, p. 1043, § 11, effective July 1. L. 93: (2) amended, p. 1661, § 65, effective July 1. L. 2008: (1) and
(2) amended, p. 1596, § 6, effective May 29. L. 2014: (2) amended, (SB 14-118), ch. 250, p. 978, § 7, effective August 6. L. 2021: (2)(a) amended, (HB 21-1108), ch. 156, p. 888, § 7, effective September 7. L. 2024: (1) amended and (4) and (5) added, (HB 24-1124), ch. 224, p. 1393, § 1, effective August 7.
Editor's note: In 303 Creative LLC v. Elenis, 600 U.S. 570 (2023), the United States Supreme Court held that under the first amendment of the United States Constitution subsection
(2)(a) is unconstitutional as applied to a website designer by forcing the designer to create expressive designs speaking messages with which the designer disagrees.
Cross references: (1) For the legislative declaration contained in the 2008 act amending subsections (1) and (2), see section 1 of chapter 341, Session Laws of Colorado 2008.
(2) For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
Notes of Decisions
Creek Red Nation, LLC v. Jeffco Midget Football Ass'n, 175 F. Supp. 3d 1290 (D. Colo. 2016).
· cites it 18× “*1293 § 2000a (claim three), and Colo. Rev. Stat. § 24-34-601 (claim four), as well as claims for breach of contract (claim five) and breach of the covenant of good faith and fair dealing (claim six).”
Tesmer v. Colorado High Sch. Activities Ass'n., 140 P.3d 249 (Colo. Ct. App. 2006).
· cites it 13× “S 2005, and the prohibition against disability-based discrimination in places of public accommodation set forth in § 24-34-601, C.R.S.2005. He sought permanent injunctive relief and statutory penalties.”
Mullins v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
· cites it 10× “¶ 23 The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
Masterpiece Cakeshop, Inc. & Jack Phillips v. Autumn Scardina, 2024 CO 67 (Colo. 2024).
· cites it 9× “¶64 On these undisputed facts, every factfinder and judicial officer to have heard this case concluded that (1) Masterpiece's conduct violated the Colorado Antidiscrimination Act, §§ 24-34-601 to -605, C.R.S. (2024) ("CADA"), because but for Scardina's protected status,…”
Colorado Cross-Disability Coalition v. Taco Bell Corp., 184 F.R.D. 354 (D. Colo. 1999).
· cites it 2× “the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation____ C.R.S. § 24-34-601(2). In their third amended class action complaint, plaintiffs seek an injunction requiring Taco Bell to comply…”
White v. Denny's Inc., 918 F. Supp. 1418 (D. Colo. 1996).
· cites it 2× “§ 2000a-3(e) (West 1994) (requiring notice to appropriate agency when state law prohibits discriminatory practices in places of public accommodation); Colo. Rev.Stat. §§ 24-34-601 to 24-34-602 (1988 & Supp.”
Craig v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
· cites it 20× “¶23       The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
Reeves v. Queen City Transp., Inc., 10 F. Supp. 2d 1181 (D. Colo. 1998).
“§§ 12101-12213 (1997); and (2) disability discrimination in violation of C.R.S. 24-34-601 (1997). Plaintiffs allege one claim against the PUC, discrimination in violation of a United States Department of Justice regulation, found at 28 C.”
Ozborn v. Colorado Supreme Court (Colo. Ct. App. 2026).
· cites it 15× “2 denying his accommodations request in violation of the Colorado Anti-Discrimination Act (CADA), § 24-34-601, C.R.S. 2023;3 § 24-34-801, C.”
— Colo. Rev. Stat. § 24-34-601(1) — 2 cases
Mullins v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
“¶ 23 The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
Craig v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
“¶23       The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
— Colo. Rev. Stat. § 24-34-601(2) — 4 cases
Tesmer v. Colorado High Sch. Activities Ass'n., 140 P.3d 249 (Colo. Ct. App. 2006).
“S 2005, and the prohibition against disability-based discrimination in places of public accommodation set forth in § 24-34-601, C.R.S.2005. He sought permanent injunctive relief and statutory penalties.”
Colorado Cross-Disability Coalition v. Taco Bell Corp., 184 F.R.D. 354 (D. Colo. 1999).
“the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation____ C.R.S. § 24-34-601(2). In their third amended class action complaint, plaintiffs seek an injunction requiring Taco Bell to comply…”
Craig v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
“¶23       The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
— Colo. Rev. Stat. § 24-34-601(2)(a) — 6 cases
Mullins v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
“¶ 23 The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
Masterpiece Cakeshop, Inc. & Jack Phillips v. Autumn Scardina, 2024 CO 67 (Colo. 2024).
“¶64 On these undisputed facts, every factfinder and judicial officer to have heard this case concluded that (1) Masterpiece's conduct violated the Colorado Antidiscrimination Act, §§ 24-34-601 to -605, C.R.S. (2024) ("CADA"), because but for Scardina's protected status,…”
Craig v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
“¶23       The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
Ozborn v. Colorado Supreme Court (Colo. Ct. App. 2026).
“2 denying his accommodations request in violation of the Colorado Anti-Discrimination Act (CADA), § 24-34-601, C.R.S. 2023;3 § 24-34-801, C.”
— Colo. Rev. Stat. § 24-34-601(3) — 1 case
Craig v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
“¶23       The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
— Colo. Rev. Stat. § 24-34-601(8) — 1 case
Mullins v. Masterpiece Cakeshop, Inc, 2015 COA 115 (Colo. Ct. App. 2015).
“¶ 23 The charge of discrimination and the notice of determination correctly referenced section 24-34-601, the public accommodations section of CADA, several times.”
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