AGO 98010.

• Court: Nebraska

Nebraska Attorney General Opinions 1998. AGO 98010. DATE: February 2, 1998SUBJECT: Is Baker's Supermarket a Public Accommodation within the Meaning of Neb. Rev. Stat. 20-133?REQUESTED BY: Mr. Alfonza Whitaker, Executive Director Nebraska Equal Opportunity CommissionWRITTEN BY: Don Stenberg, Attorney General Suzanna Glover-Ettrich, Assistant Attorney General You have requested an Attorney General's Opinion addressing the issue of whether Baker's Supermarket is a public accommodation within the meaning of Neb. Rev. Stat. 20-133. We conclude that it is. Neb. Rev. Stat. §20-132 reads: All persons within this state shall be entitled to a full and equal enjoyment of any place of public accommodation, as defined by sections 20-132 to 20-143, without discrimination or segregation on the grounds of race, color, sex, religion, national origin, or ancestry. Neb. Rev. Stat. §20-133 defines the term "public accommodation" as: [A]ll places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, and accommodations for the peace, comfort, health, welfare, and safety of the general public and such public places providing food, shelter, recreation, and amusement including, but not limited to: (1) Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including but not limited to any such facility located on the premises of any retail establishment; (3) Any gasoline station, including all facilities located on the premises of such station and made available to the patrons thereof; (4) Any motion picture house, theatre, concert hall, sports arena, stadium, or other place of exhibition or entertainment; (5) Any public facility owned, operated, or managed by or on behalf of this state or any agency or subdivision thereof, or any public corporation, and any such facility supported in whole or in part by public funds; and (6) Any establishment which is physically located within the premises of any establishment otherwise...