AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS

Plain English Breakdown

The exact nature and extent of changes to other parts of Delaware law are unclear without further legislative context.

Act for Equal Accommodations

This act updates Delaware's laws about equal accommodations to adopt protections similar to those in Section 504 of the federal Rehabilitation Act, ensuring people with disabilities are fully protected.

What This Bill Does

• Updates Delaware’s Equal Accommodations Law to include the protections provided by Section 504 of the federal Rehabilitation Act and its implementing regulations as they existed on January 1, 2025.
• Ensures that any additional rights or requirements for people with disabilities from other laws are also included in Delaware's law.
• Clarifies that references to 'Section 504' in other parts of Delaware law should be understood to mean the protections provided by this new update.

Who It Names or Affects

• People with disabilities who use public accommodations in Delaware.
• Businesses and organizations providing services or facilities open to the public in Delaware.

Terms To Know

Section 504 of the Rehabilitation Act

A part of a federal law that stops discrimination against people with disabilities.

Delaware Equal Accommodations Law

The state’s laws that protect people from unfair treatment when using public places and services.

Limits and Unknowns

• It is not clear what specific changes will be made to other parts of Delaware law because the bill does not list them.
• This act only applies to situations covered by existing Delaware Equal Accommodations Law, which may limit its reach in some cases.

Official Summary Text

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS
This Act amends the Delaware Equal Accommodations Law to adopt the protections of the federal Rehabilitation Act of 1973’s Section 504 (“Section 504”), and its implementing regulations as those regulations existed on January 1, 2025. This bill will help ensure that Delawareans with disabilities get broad and full protection within Delaware. The bill also adds that references to Section 504 in other parts of Delaware law or regulation will be considered a reference to the Delaware Equal Accommodations Law.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Poore & Rep. Heffernan

Sens. Brown, Buckson, Cruce, Hansen, Hocker, Hoffner, Huxtable, Lawson, Lockman, Mantzavinos, Paradee, Pettyjohn, Pinkney, Richardson, Seigfried, Sokola, Sturgeon, Townsend, Walsh, Wilson; Reps. Berry, Carson, Lambert, Neal, Ross Levin, Snyder-Hall, Wilson-Anton

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 198

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4504, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 4504. Unlawful practices.

(e) Nothing in this section may be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations.

(1)

If federal or state law provide additional rights to members of a protected class or requirements for a place of public accommodation, this section must be interpreted as providing that right or requirement.

(2) Discrimination prohibited under this chapter shall continue to include those acts prohibited on the basis of disability by 29 U.S.C. § 794, and any implementing regulations, as those regulations were in effect as January 1, 2025.

(3) The provisions of this section shall be interpreted broadly and to the fullest extent possible under state and federal law, in order to continue the protections afforded persons with disabilities under this chapter and throughout the general laws of the state.

(4) Whenever the term "section 504 of the Rehabilitation Act" or “section 504” appears outside of this section, in Delaware Statutes or regulations, when used in the context of the Rehabilitation Act of 1973, 29 U.S.C. §

794, that term will be interpreted to mean the Delaware Equal Accommodations Law, 6 Del. C. § 4500 et seq.

SYNOPSIS

This Act amends the Delaware Equal Accommodations Law to adopt the protections of the federal Rehabilitation Act of 1973’s Section 504 (“Section 504”), and its implementing regulations as those regulations existed on January 1, 2025. This bill will help ensure that Delawareans with disabilities get broad and full protection within Delaware. The bill also adds that references to Section 504 in other parts of Delaware law or regulation will be considered a reference to the Delaware Equal Accommodations Law.

Author: Senator Poore