Kentucky Revised Statutes

Ky. Rev. Stat. § 344.130 (2026)

Definition of "place of public accommodation, resort, or amusement" for

✓ current as of May 2026

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chapter -- Exceptions. As used in this chapter, unless the context requires otherwise, "place of public accommodation, resort, or amusement" includes any place, store, or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public or which is supported directly or indirectly by government funds, except that:

(1) A private club is not a "place of public accommodation, resort, or amusement" if its policies are determined by its members and its facilities or services are available only to its members and their bona fide guests;

(2) "Place of public accommodation, resort, or amusement" does not include a rooming or boarding house containing not more than one (1) room for rent or hire and which is within a building occupied by the proprietor as his residence; and

(3) "Place of public accommodation, resort, or amusement" does not include a religious organization and its activities and facilities if the application of KRS 344.120 would not be consistent with the religious tenets of the organization, subject to paragraphs (a), (b), and (c) of this subsection.

(a) Any organization that teaches or advocates hatred based on race, color, or national origin shall not be considered a religious organization for the purposes of this subsection.

(b) A religious organization that sponsors nonreligious activities that are operated and governed by the organization, and that are offered to the general public, shall not deny participation by an individual in those activities on the ground of disability, race, color, religion, or national origin.

(c) A religious organization shall not, under any circumstances, discriminate in its activities or use of its facilities on the ground of disability, race, color, or national origin. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 404, sec. 1, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 308, sec. 59. -- Amended 1972 Ky. Acts ch. 255, sec. 10. -- Created 1966 Ky. Acts ch. 2, Art. 4, sec. 402.

Notes of Decisions

Cited in 10 cases (6 in the last 5 years), 1972–2026 · leading case: Commonwealth v. Pendennis Club, Inc., 153 S.W.3d 784 (Ky. 2004).

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Commonwealth v. Pendennis Club, Inc., 153 S.W.3d 784 (Ky. 2004). · cites it 8× “The Jefferson Circuit Court ruled for the clubs, holding that KRS 344.130 “specifically exempted private clubs from the KCHR’s domain.”

Human Rights Comm'n v. Benevolent & Prot. Order of Elks, 2003 VT 104 (Vt. 2003). “§ 44-1002 (h) (2000); Ky. Rev. Stat. Ann. § 344.130 (1) (Michie 2001); La.”

E.M.J. v. Garrard Cnty. Bd. of Educ. (E.D. Ky. 2019). · cites it 9× “4 The complaint cites KRS 344.130 as prohibiting “discrimination by a public accommodation due to one’s disability.”

Whispering Hills Country Club, Inc. v. Kentucky Comm'n on Human Rights, 475 S.W.2d 645 (Ky. Ct. App. 1972). “240, seeking to extricate the Club from the enforcement of the order of the Commission on a theory that it is a private club within the definition of KRS 344.130. After a trial of the issues presented in this action, the chancellor on June 1, 1970, entered judgment upholding the…”

M.L. v. Bd. of Educ. of Bourbon Cnty. (E.D. Ky. 2025). · cites it 3× “, § 504 of the Rehabilitation Act) (Count I); the Americans with Disabilities Act (“ADA”) (Count II); the Individuals with Disabilities Act (“IDEA”) (Count III); KRS 344.130 (Count IV); KRS 159.010 and Article II of the Kentucky Constitution (Count V); and the Fourteenth…”

Hinton v. Am. Airlines, Inc. (W.D. Ky. 2024). · cites it 2× “In relevant part, the KCRA provides: [I]t is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement, as defined…”

Willis v. 8UP Elevated Drinkery & Kitchen (W.D. Ky. 2024). · cites it 2× “The Kentucky Civil Rights Act (“KCRA”) provides: [I]t is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement,…”

Mortland v. Jay Hari LLC (W.D. Ky. 2025). · cites it 2× “In relevant part, the KCRA provides: [I]t is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement, as defined…”

M.L. v. Bd. of Educ. of Bourbon Cnty. (E.D. Ky. 2025). “, § 504 of the Rehabilitation Act) (Count I); the Americans with Disabilities Act (“ADA”) (Count II); the Individuals with Disabilities Act (“IDEA”) (Count III); KRS 344.130 (Count IV); KRS 159.010 and Article II of the Kentucky Constitution (Count V); and the Fourteenth…”

Russell (W.D. Ky. 2026). “KCRA Claim Under the KCRA, “it is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement, as defined in KRS…”

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