Original Document
Original Document
Act 132, The Pennsylvania Equal Rights Bill of 1935.

An Act

To amend section one of the act, approved the nineteenth day of May, one thousand eight hundred and eighty seven (Pamphlet Laws, one hundred thirty), entitled "An act to provide civil rights for all people, regardless of race of color," amplifying and extending the provisions of said act, and increasing the penalties for violation thereof.

Section 1: Be it enacted andc., That [any person, company, corporation, being owner, lessee or manager of any restaurant, hotel, railroad, street railway, omnibus line, theatre, concert hall, or place of entertainment, or amusement, who shall refuse to accommodate, convey or admit any person or persons on account of race or color over their lines, or into their hotel, or restaurant, or theatre, concert, hall or place of amusement, shall, upon conviction thereof, be guilty of a misdemeanor, and be punished by a fine not less than fifty dollars nor more than one hundred dollars.] all persons within the jurisdiction of this Commonwealth shall be entitled to full and equal accommodations, advantages, facilities, and privileges of any places of public accommodation, resort or amusement, subject only to the conditions and limitations established by law and applicable alike to all persons.

No person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any such place, shall directly or indirectly refuse, withhold from, or deny to, any person, any of the accommodations, advantages, facilities or privileges thereof, or directly or indirectly publish, circulate, issue, display, post or mail any written or printed communication, notice, or advertisement to the effect that any of the accommodations, advantages, facilities, and privileges of any such places, shall be refused, withheld from, or denied to, any person on account of race, creed or color; or that the patronage or custom thereat of any person belonging to, or purporting to be of any particular race, creed or color is unwelcome, objectionable or not acceptable, desired or solicited.

The production of any such written or printed communication, notice or advertisement, purporting to relate to any such place and to be made by any person being the owner, lessee, proprietor,, superintendent or manager thereof, shall be presumptive evidence in any civil or criminal action that the same was authorized by such person.

A place of public accommodation, resort, or amusement, within the meaning of this article, shall be deemed to include inns, taverns, roadhouses, hotels, whether conducted for the entertainment of transient guests, or for the accommodation of those seeking health, recreation or rest, or restaurants or eating houses, or any place where foods is sold for consumption on the premises, buffets, saloons, barrooms, or any store, park, or inclosure where spirituous or malt liquors are sold, ice cream parlors, confectionaries, soda fountains, and all stores where ice cream, ice or fruit preparations, or their derivatives, or where beverages of any kind, are retailed for consumption on the premises, drug stores, dispensaries, clinics, hospitals, bathhouses, theatres, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, fairs, bowling alleys, gymnasiums, shooting galleries, billiard and pool parlors, public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of this Commonwealth, garages and all public conveyances operated on land or water, as well as the stations and terminals thereof.

Nothing herein contained shall be construed to include any institution, club or place or places of public accommodation, resort or amusement, which is or are in its or their nature distinctly private, or to prohibit the mailing of a private communication in writing sent in response to a specific written inquiry.

Any person who shall violate any of the provisions of this act or who shall aid or incite the violation of any said provisions shall for ach and every violation thereof be fined not less than one hundred dollars nor more than five hundred dollars, or shall be imprisoned for a period of not less than thirty days nor more than ninety days, or, in the discretion of the court, both such fine and imprisonment may be imposed.

Approved - The 11th day of June, A.D. 1935

Credit: Pennsylvania State Archives
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