Advertising by hotels, etc., that persons find objectionable because of religion; exemptions

A. As used in this section:

"Establishment" means any building or part thereof, including without being limited to public inns and hotels, any structure, enclosure, tract of land, and all improvements, appurtenances, and additions, bodies of water whether natural or artificial, and any other place of whatsoever nature to which the general public is or will be admitted, allowed or invited on payment of a fee, free of charge or otherwise.

"Person" means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not.

B. No person, directly or indirectly, for himself or for another, shall publish in any newspaper or magazine, post on any sign, or broadcast by radio or television any commercial advertisement that any person not otherwise prohibited by law from using an establishment is not welcome, or is objectionable, or is not acceptable because of his religion. No person shall cause or solicit another person to violate this section.

C. This section shall not apply (i) to any establishment that is private or restricted to membership only; (ii) to any institution of higher education, school, educational institution, or camp, admission to which is based on religious belief or affiliation; or (iii) to any gathering, meeting, or assembly held under the auspices of any religious group or sect.

D. Any commercial advertisement as set forth herein is declared a public nuisance and shall be subject to abatement by injunctive relief; any aggrieved individual or group of individuals may proceed to obtain an injunction enjoining and restraining the person from continuing such commercial advertisement.

1954, c. 701.