DISCRIMINATION IN PUBLIC ACCOMMODATIONS.

Austin City Code tit. 5, ch. 5-2

in effect

Austin City Code § 5-2-1 DECLARATION OF POLICY.

§ 5-2-1 - DECLARATION OF POLICY. (A) It is the policy of the City to bring about through fair, orderly and lawful procedures, the opportunity of each person to obtain goods and services in a public accommodation without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. (B) This policy is established upon a recognition of the inalienable rights of each individual to obtain goods and services in a public accommodation without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or; and further that the denial of such rights through considerations based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of these inalienable rights within the power and the proper responsibility of government to prevent. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-2 DEFINITIONS.

§ 5-2-2 - DEFINITIONS. In this chapter: (1) AGE means a person over the age of 18 years. (2) CHARGING PARTY means the person alleging discrimination in a charge. (3) DIRECTOR means the director of Office of Civil Rights. (4) DISABILITY means, with respect to an individual: (a) a physical or mental impairment that substantially limits one or more major life activity of the individual, including caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; (b) a record of the impairment; or (c) being regarded as having an impairment. (5) DISCRIMINATION means the direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or any other differentiation in the treatment of a person based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in a public accommodation. (6) INVESTIGATOR means the person investigating a charge. (7) GENDER IDENTITY means a person's individual attributes, actual or perceived, that may be in accord with or opposed to, one's physical anatomy, chromosomal sex, genitalia, or sex assigned at birth. (8) OFFICE OF CIVIL RIGHTS means the office created in Section 2-16-2 (Office of Civil Rights). (9) PROTECTIVE HAIRSTYLE means a hairstyle necessitated by, or resulting from, the characteristics of a hair texture or hairstyle commonly associated with race, national origin, ethnicity, or culture, and includes but is not limited to afros, bantu knots, braids, cornrows, curls, locs, twists, or hair that is tightly coiled or tightly curled. (10) PUBLIC ACCOMMODATION means: (a) an inn, hotel, motel or other lodging establishment for transient guests, excluding an establishment located in a building with not more than five rooms for rent or hire and occupied by the owner or operation as a primary residence; (b) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including a facility located on the premises of a retail establishment or a gasoline station; (c) a movie theatre, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment; (d) a bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served for consumption on the premises; (e) a retail establishment that sells goods or services; and (f) an establishment physically located in the premises of an establishment described in this subsection or containing within the premises of which is physically located a covered establishment, and an establishment which holds itself out as serving patrons of a covered establishment. (11) REPRODUCTIVE HEALTH ACTION means an individual's receipt or provision of services or counseling related to the reproductive system and its functions, including, but not limited to: family planning services, abortion, birth control, emergency contraception, sterilization, and pregnancy testing; fertility-related medical procedures; or sexually transmitted disease prevention, testing, or treatment. (12) RESPONDENT means the person against whom a charging party alleges discrimination in a charge. (13) SEXUAL ORIENTATION means an individual's sexuality or sexual practice including homosexuality, heterosexuality, bisexuality, asexuality, or pansexuality. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21; Ord. No. 20220609-043, Pt. 4, 6-20-22; Ord. No. 20220721-001, Pt. 5, 8-1-22.

Austin City Code § 5-2-3 INTERPRETATION.

§ 5-2-3 - INTERPRETATION. In construing this chapter, it is the intent of the city council that the courts shall be guided by federal court interpretations of Title II of the Civil Rights Act of 1964. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-4 PROHIBITED PRACTICES.

§ 5-2-4 - PROHIBITED PRACTICES. (A) A person is entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a public accommodation, without discrimination or segregation based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, protective hairstyle, reproductive health action, or disability. (B) A person, including the owner, operator, or lessee of a public accommodation may not directly or indirectly exclude, segregate, limit, refuse or deny a person the accommodations, advantages, facilities, benefits, privileges, services, or goods of the public accommodation based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, protective hairstyle, reproductive health action, or disability. (C) A person, including the owner, operator, or lessee of a public accommodation, may not circulate, issue, display, post, mail, or publish a statement, advertisement, or sign that indicates that the accommodations, advantages, facilities, benefits, privileges, services, or goods of the public accommodation will be denied to an individual based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, protective hairstyle, reproductive health action, or disability, or that the patronage or presence of an individual is objectionable, unwelcome, unacceptable, undesirable, or unsolicited based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, protective hairstyle, reproductive health action, or disability. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21; Ord. No. 20220721-001, Pts. 2, 6, 8-1-22.

Austin City Code § 5-2-5 COMPLAINT PROCEDURES.

§ 5-2-5 - COMPLAINT PROCEDURES. (A) The Office of Civil Rights investigates complaints filed under this chapter and may take action to prevent a person from engaging in an unlawful public accommodation practice. (B) A person must file a charge under this chapter within 180 days following the occurrence of the alleged unlawful public accommodation practice. (C) Within 10 days of filing, the director shall send notice of the charge to the respondent. The notice shall include the date, place, and specific circumstances of the alleged unlawful public accommodation practice. (D) Before a charge is accepted for investigative purposes, the director shall review the charge with the charging party and make a determination whether the charge alleges a violation of this chapter. If the director determines during the preliminary review that the charge does not allege a violation of this chapter, the director shall provide the charging party a clear and concise explanation in writing why the charge will not be accepted for investigation. The charging party may appeal a determination under this section under Section 5-2-6 (Dismissal and Appeal). (E) The director shall maintain records that indicate the reason a charge was not accepted for investigation. (F) A charge filed under this section shall be on the form approved by the director and shall include an oath or affirmation and any other information required by the office. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-6 DISMISSAL AND APPEAL.

§ 5-2-6 - DISMISSAL AND APPEAL. (A) The investigator shall dismiss the charge if the investigator determines that no reasonable cause exists to believe that a discriminatory practice under this chapter occurred. The investigator shall promptly notify the charging party and the respondent of the dismissal in writing. (B) Within 10 days of receiving the notice of dismissal, the charging party may file a request for a review with the director. The director shall conduct a hearing and provide the charging party an opportunity to appear and present evidence. The director may affirm, reverse, or modify the investigator's determination. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-7 INFORMAL RESOLUTION.

§ 5-2-7 - INFORMAL RESOLUTION. (A) If the investigator determines that there is reasonable cause to believe that a discriminatory practice under this chapter occurred, the director, or an investigator who has not participated in the investigation, shall attempt to resolve the matter through informal methods, including conference, conciliation, or persuasion. (B) The information produced during an informal proceeding is confidential, unless disclosure is required by law. Information produced during an informal proceeding may not be used as evidence in a later proceeding without the written consent of all parties. (C) An investigator shall ensure that each determination is made as promptly as possible. (D) The charging party and respondent may agree to settle the complaint before the investigation is complete. If the director determines that the agreement does not meet the objectives of this chapter, the director may continue to investigate the complaint. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-8 REFERRAL.

§ 5-2-8 - REFERRAL. After investigation, the director shall refer a complaint to the city attorney for appropriate prosecution, if the director believes a violation occurred or will occur and is unable to reach an agreement with the respondent. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-9 ACCESS TO RECORDS.

§ 5-2-9 - ACCESS TO RECORDS. The director or an investigator shall have access to evidence relating to an investigation under this chapter, and may examine or copy the evidence, unless the information is confidential under applicable law. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-10 VIOLATIONS.

§ 5-2-10 - VIOLATIONS. A person may not violate this chapter, or knowingly obstruct or prevent compliance with this chapter. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-11 LEGAL ASSISTANCE FOR THE OFFICE OF CIVIL RIGHTS.

§ 5-2-11 - LEGAL ASSISTANCE FOR THE OFFICE OF CIVIL RIGHTS. The city attorney shall assign or obtain counsel to assist the Office of Civil Rights in the performance of its functions. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Austin City Code § 5-2-12 EXEMPTIONS.

§ 5-2-12 - EXEMPTIONS. (A) This chapter does not apply to a facility owned or operated by the federal, state, or county government, or the University of Texas. (B) This chapter does not apply to a private club or other establishment not open to the public, unless the facilities of the establishment are made available to the customer of a public accommodation. Source: Ord. No. 20211202-030, Pt. 11, 12-13-21.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT5CIRI_CH5-2DIPUACFetched: 10/27/2026