2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4504. Unlawful practices.

§ 4504. Unlawful practices.
(a) (1) a. No person being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent, or employee of any place of public accommodation, may directly or indirectly refuse, withhold from, or deny to any person, on account of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, any of the accommodations, facilities, advantages, or privileges of the public accommodation.
b. A person who does not allow parking by a holder of a special license plate or permit for persons with disabilities as allowed under § 2134 through § 2135 of Title 21 is engaged in an unlawful practice under this chapter.
(2) A place of public accommodation may provide reasonable accommodations based on gender identity in areas of facilities where disrobing is likely, such as locker rooms or other changing facilities, which reasonable accommodations may include a separate or private place for the use of persons whose gender-related identity, appearance or expression is different from their assigned sex at birth, provided that such reasonable accommodations are not inconsistent with the gender-related identity of such persons.
(3) A place of public accommodation must permit service animals as follows:
a. An individual with a disability accompanied by a service animal in any place of public accommodation.
b. An individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.
(4) Except as provided under paragraph (a)(6) of this section, it is a violation of paragraph (a)(1)a. of this section for a person to do any of the following:
a. To impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, unless the criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered.
b. To fail to make reasonable modifications in policies, practices, or procedures to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the place of public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.
c. To fail to take measures that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the place of public accommodation can demonstrate that taking the steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden.
d. 1. To fail to remove architectural barriers and communication barriers that are structural in nature, where such removal is readily achievable, in existing facilities,
2. Where a place of public accommodation can demonstrate that the removal of a barrier under paragraph (a)(4)d.1. of this section is not readily achievable, to fail to make goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.
(5) Nothing in paragraph (a)(4) of this section may be construed to require either of the following:
a. An individual with a disability to accept an accommodation, modification, aid, service, opportunity, or benefit that the individual chooses not to accept.
b. A place of public accommodation to provide individuals with disabilities with personal devices, such as wheelchairs, eyeglasses, hearing aids, or readers for personal use or study, or personal services to assist with feeding, toileting, or dressing.
(6) Paragraph (a)(4) of this section does not apply to religious organizations or entities controlled by religious organizations, including places of worship.
(b) (1) No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, shall directly or indirectly publish, issue, circulate, post, or display any written, typewritten, mimeographed, printed, television, Internet, or radio communications notice or advertisement to the effect that any of the accommodations, facilities, advantages, and privileges of any place of public accommodation shall be refused, withheld from or denied to any person on account of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, or that the patronage or custom thereat of any person belonging to or purporting to be appearing to be of any particular race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin is unlawful, objectionable, or not acceptable, desired, accommodated, or solicited, or that the patronage of persons of any particular race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin is preferred or is particularly welcomed, desired, or solicited.
(2) A sign that prohibits parking by a holder of a special license plate or permit for persons with disabilities as allowed under § 2134 through § 2135 of Title 21 is a violation under paragraph (b)(1) of this section.
(c) It is unlawful to assist, induce, incite, or coerce another person to commit any discriminatory public accommodations practice prohibited under subsection (a) or (b) of this section.
(d) Requirements for newly constructed places of public accommodation. — All buildings which are constructed after January 1, 2011, and intended for use as places of public accommodation (as defined in § 4502 of this title), must be equipped with an automatic door or calling device at each entrance that is intended to be a main entrance accessible by members of the general public. For purposes of this subsection, a calling device shall mean any device that allows a person with a disability to request assistance with entry meeting the following minimum specifications:
(1) The device must provide a recognizable signal inside the place of public accommodation;
(2) The device must be capable of being operated using only 1 hand or limb;
(3) The device must have at least 1 sign next to it which identifies the device and how to use it; and
(4) The device must be capable of being operated in accordance with all requirements of the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.] Accessibility Guidelines.
(e) Nothing in this section may be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations. If federal or state law provide additional rights to members of a protected class or requirements for a place of public accommodation, this section must be interpreted as providing that right or requirement.
(f) A person, being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent, or employee of any place of public accommodation, may not engage in an act or practice that is unlawful under subsections (a) through (d) of this section or otherwise retaliate against an individual because the individual has done 1 of the following:
(1) Opposed an act or practice that is unlawful under subsections (a) through (d) of this section.
(2) Made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce subsections (a) through (d) of this section.
(g) A place of public accommodation may not deny a request by an individual with a disability for a reasonable modification or for auxiliary aids or services solely because the individual did not use the exact terms under this chapter when making the request, such as by requesting a “reasonable accommodation” or for the auxiliary aid or service.
6 Del. C. 1953, §  4504;  54 Del. Laws, c. 181, §  1;  58 Del. Laws, c. 133, §  1;  58 Del. Laws, c. 386, §  1;  65 Del. Laws, c. 377, §  3;  66 Del. Laws, c. 68, §  1;  70 Del. Laws, c. 350, §  1;  75 Del. Laws, c. 356, §§  10, 28;  77 Del. Laws, c. 90, §  4;  77 Del. Laws, c. 346, §§  2, 4;  79 Del. Laws, c. 47, §  5;  81 Del. Laws, c. 440, § 3;  82 Del. Laws, c. 209, § 1;  83 Del. Laws, c. 74, § 4;  83 Del. Laws, c. 160, § 1;  83 Del. Laws, c. 450, § 4;