Public accommodations: equal enjoyment without discrimination on the ground of disability, including at an online establishment

All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of disability, among other grounds. Disability means, with respect to a person, a physical or mental impairment that substantially limits one or more of the person's major life activities, a record of such an impairment, or being regarded as having such an impairment.

A place of public accommodation includes any online establishment. An online establishment is a business, whether or not conducted for profit, that offers goods or services to the general public in this State through an Internet website, mobile application or other electronic medium and is not operated in conjunction with a physical location that is open to the public.

NRS 651.050 to 651.110 do not apply to a private club, a private online discussion forum or another establishment not in fact open to the public, except to the extent its facilities are made available to the customers or patrons of an establishment within the scope of NRS 651.050.

A private online discussion forum is an online forum operated for the primary purpose of allowing its members to exercise their constitutionally protected right of expressive association, with not more than 1,000 members, whose operator does not regularly receive payment from or on behalf of nonmembers for the furtherance of trade or business.

A person who withholds, denies or deprives another person of a right or privilege secured by NRS 651.070, or attempts to, is liable to that person for actual damages in a civil action, and the court may grant equitable relief, including injunctive relief, and award costs and reasonable attorney's fees to the prevailing party. A person who withholds, denies or deprives another person of a right, privilege or access secured by NRS 651.070, or attempts to, is guilty of a misdemeanor.

A person who intimidates, threatens or coerces another person to interfere with a right, privilege or access secured by NRS 651.070, or who punishes another person for exercising it, or attempts either, is also guilty of a misdemeanor. A county or incorporated city may adopt an ordinance prohibiting infringement of those rights, but the ordinance must not apply to an establishment outside the scope of NRS 651.050 and 651.060 or impose a penalty more severe than NRS 651.075 or 651.080 provides.

A person who believes the person has been denied full and equal enjoyment of a place of public accommodation because of discrimination based on disability, among other grounds, may file a complaint with the Nevada Equal Rights Commission. A criminal or civil action authorized by NRS 651.075, 651.080, 651.090 or 651.100 may not be brought after 1 year from the date of the act complained of, and a complaint pending before the Nevada Equal Rights Commission tolls that limit.

Assembly Bill 207 of the 2021 session expanded the definition of place of public accommodation to include a business that offers goods or services to the general public in this State through an Internet website, mobile application or other electronic medium and is not operated in conjunction with a physical location open to the public. Assembly Bill 207 was approved on June 2, 2021 and prescribes no effective date of its own.

Under NRS 218D.330, each law passed by the Legislature becomes effective on October 1 following its passage unless it specifically prescribes a different effective date.