Liberty Ridge Farm, an upstate New York farm, has recently appealed a $13,000 fine imposed by New York's Division of Human Rights for refusing to host a lesbian couple's wedding. Liberty Ridge's owners argued that they should not be required to host a lesbian wedding because of their Christian beliefs that marriage is between a man and a woman.

In fact, the farm owners had offered the farm for the reception, but not for the wedding ceremony. Weddings typically are conducted on the first floor of the farm owners' home or in an adjacent field. As such, the farm owners had argued that their home was private and not a place of public accommodation under the New York law.

Administrative Law Judge Migdalia Pares of the Bronx rejected the owners' argument that the farm and their home was not a place of public accommodation and was therefore not subject to the anti-discrimination provisions of New York's Human Rights Law.

[Liberty Ridge Farms] is a for profit business and directs its publicity to the general public. ... LRF engages in widespread marketing to the general public through advertising at a bridal show and on the internet ... LRF is encouraging members of the public to lease the use of its facilities and purchase its services. Thus, there is no exclusivity and LRF is not "distinctly private.

New York, is one of many states with a public accommodation law the encompasses sexual orientation. While Florida does not have a state wide public accommodation law that covers sexual orientation, many counties have their own public accommodation ordinances that companies need to be aware of. In fact, Palm Beach County, Florida recently expanded its public accommodation ordinance to include many more businesses than it previously covered.

The term "public accommodation" is often confusing for small business owners. But, if you advertise to the public, charge for services, buy or sell goods your business is more than likely a public accommodation. Although private clubs can be exempt from public accommodation laws, if they offer services to the public (even on a limited basis) they may become a public accommodation as well.

Bottom line, unless you are a priest or a house of worship declining services to someone on the basis of sexual orientation is likely to bring an expensive lawsuit.

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