Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 98 (2026)

Discrimination in admission to, or treatment in, place of public accommodation; punishment; forfeiture; civil right

✓ current as of July 2026

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Section 98. Whoever makes any distinction, discrimination or restriction on account of race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, deafness, blindness or any physical or mental disability or ancestry relative to the admission of any person to, or his treatment in any place of public accommodation, resort or amusement, as defined in section ninety-two A, or whoever aids or incites such distinction, discrimination or restriction, shall be punished by a fine of not more than twenty-five hundred dollars or by imprisonment for not more than one year, or both, and shall be liable to any person aggrieved thereby for such damages as are enumerated in section five of chapter one hundred and fifty-one B; provided, however, that such civil forfeiture shall be of an amount not less than three hundred dollars; but such person so aggrieved shall not recover against more than one person by reason of any one act of distinction, discrimination or restriction. All persons shall have the right to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, resort or amusement subject only to the conditions and limitations established by law and applicable to all persons. This right is recognized and declared to be a civil right.

Notes of Decisions

Cited in 54 cases (11 in the last 5 years), 1924–2026 · leading case: United States Jaycees v. Massachusetts Comm'n Against Discrimination, 463 N.E.2d 1151 (Mass. 1984).

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United States Jaycees v. Massachusetts Comm'n Against Discrimination, 463 N.E.2d 1151 (Mass. 1984). · cites it 18× “272, § 92A, and concluded that the refusal by these organizations to treat women as members of equal standing with men constituted a violation of G.L.c. 272, § 98. The Commissioner ordered that women be accorded equal membership status in both organizations, and that order was…”

Vaspourakan, Ltd. v. Alcoholic Beverages Control Comm'n, 516 N.E.2d 1153 (Mass. 1987). · cites it 5× “The commission concluded that the licensee “made distinctions and discriminated on account of race, relative to the admission of persons to [its] licensed premises” in violation of G. L. c. 272, § 98, and rule 14 1 of the board’s rules and regulations.”

Borne v. Haverhill Golf & Country Club, Inc., 791 N.E.2d 903 (Mass. App. Ct. 2003). · cites it 3× “*309 See G. L. c. 272, § 98, and G. L. c. 151B, § 4.”

Lesley v. Hee Man Chie, 250 F.3d 47 (1st Cir. 2001). · cites it 2× “Chie, stating that his decision to transfer her to the HIV Program at Worcester Memorial rather than treat her himself violated her rights under § 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and the Massachusetts Public Accommodation Statute, Mass.…”

Currier v. Nat'l Bd. of Med. Examiners, 462 Mass. 1 (Mass. 2012). · cites it 3× “Currier contends that the NBME’s decision not to provide her with additional break time violated the public accommodations law, G. L. c. 272, § 98, by discriminating against her on the basis of her “sex” in a place of public accommodation.”

Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003). “265, § 39 (hate crimes); G. L. c. 272, § 98 (public accommodation); G.”

Telescope Media Grp. v. Rebecca Lucero, 936 F.3d 740 (8th Cir. 2019). “, State Gov’t § 20-304 (West 2014); Mass. Gen. Laws Ann. ch. 272, § 98 (West 2016); Nev.”

Quarterman v. City of Springfield, 716 F. Supp. 2d 67 (D. Mass. 2009). · cites it 5× “Mass. Gen. Laws ch. 272, § 98 . Defendants’ motion for summary judgment allowed as to Plaintiff SSE, denied as to Plaintiff Quarterman.”

Harrington ex rel. Harrington v. City of Attleboro, 172 F. Supp. 3d 337 (D. Mass. 2016). · cites it 2× “151C, § 2 (Count VI), Mass. Gen. L. c. 272, § 98 and c. 76, § 5 (Count VII) and Mass.”

Partelow v. Massachusetts, 442 F. Supp. 2d 41 (D. Mass. 2006). · cites it 2× “12, § 111 (Count V), and are liable for the common law torts of intentional infliction of emotional distress (Count VIII), negligent infliction of emotional distress (Count IX), and negligence (Count X).”

Flagg v. AliMed, Inc., 992 N.E.2d 354 (Mass. 2013). “1451 (1995) (place of public accommodation, in violation of G. L. c. 272, § 98); Lowe v. Frank’s Place, 16 Mass.”

Joyce v. Town of Dennis, 705 F. Supp. 2d 74 (D. Mass. 2010). · cites it 6× “M.G.L. c. 272, § 98. Section 92A defines a public accommodation as “any place .”

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