POLICY DATABASE
Policy Summary

Establishes that segregating a breastfeeding mother or prohibiting her from being in any public accommodation she otherwise authorized to be is an unlawful public accommodations practice.

Background Information

State Pennsylvania
Jurisdiction Name Philadelphia
Jurisdiction Type City,
Population Size 800,000+
Legal Strategies
  • Expressly allows something
  • Prohibits/discourages something
Reach Community-wide
Food System Category Get;

Policy Details

Refers to priority populations?
Yes

Law addresses discrimination based on race, ethnicity, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, disability, marital status, familial status, or domestic or sexual violence victim status, and specifically protects breastfeeding women (among others). § 9-1106.

Emergency management?
No
Health-related linkage?
Yes

Support for breastfeeding supports public health goals.

Environmental linkage?
No

Economic linkage?
Yes

Findings note that discrimination in public accomodations is "detrimental to the welfare and economic growth of the City." § 9-1101 (d).

Includes findings?
Yes

There are various findings at Sec. 9-1101, including that "Discrimination in places of public accommodation causes embarrassment and inconvenience to citizens and visitors of the City, creates breaches of the peace, and is otherwise detrimental to the welfare and economic growth of the City. § 9-1101(d).

Has a stated intent or purpose?
Unclear

Although not labeled "intent" or "purpose," the chapter includes this statement "In order to assure that all persons regardless of race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information and domestic or sexual violence victim status enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing and use of public accommodation facilities, it is necessary that appropriate legislation be enacted." (Sec. 9-1101(1)(e)).

Includes definitions?
Yes

§ 9-1102

Addresses implementation?
No

Enforcement provisions?
Yes

Section 9-1107. sets forth various remedies that the Commission may order, including, but not limited to injunctive or other equitable relief, including extending full, equal, unsegregated public accommodations, advantages and facilities; payment of compensatory and punitive damages; payment of reasonable attorneys' fees; and ayment of hearing costs as reimbursement for expenses incurred by the Commission.

Evaluation component?
No

Requires extra investment?
No

Code context and ordinance history

Title 9 (Regulation of Businesses, Trades and Professions), Chapter 9-1100 (Fair Practices Ordinance: Protections Against Unlawful Discrimination), Section 9-1106 (Unlawful Public Accomodations Practices). Ordinances: Added, Bill No. 960849 (approved June 25, 1997).

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