(1955) New Mexico Civil Rights Act

New Mexico counties
New Mexico counties
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49-8-1. Declaration of Policy.  It is hereby declared to be the policy of the state of New Mexico in the exercise of its power for the protection of the public welfare, to prohibit discrimination in places of accommodation, resort or amusement due to race, color, religion, ancestry or national origin.

49-8-2. Declaration of civil right. All persons shall have the right to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, resort or amusement within the state of New Mexico subject only to the conditions and limitations established by law and applicable alike to all persons.  This right is recognized and declared to be a civil right.

49-8-3. Equal right in places of public accommodation, resort or amusement.  No person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement within the state of New Mexico shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privilege thereof, and no person shall directly or indirectly publish, circulate, issue, display, post or mail or cause to be published, circulated, issued, displayed, posted or mailed within the state of New Mexico written, painted or printed communication, notice of advertisement to the effect that any of the accommodations, advantages, facilities and privileges of a place of public accommodation, resort or amusement shall be refused, withheld from or denied to any person on account of race, color, religion, ancestry, or national origin, or that the patronage or custom thereat of any person belonging to or purporting to be of any particular race, color, religion, ancestry or national origin is unwelcome, objectionable or not acceptable, desired or solicited.   The production of any such written, painted or printed communication, notice of advertisement, purporting to relate to any such place and to be made by any person being the owner, lessee, proprietor, superintendent, manager, agent or employee thereof, shall be presumptive evidence in any proceedings that the same was authorized and published by such person.

49-8-4. Exclusion, segregation and discrimination prohibited in places of accommodation, resort or amusement.  Any exclusion or segregation of or discrimination against any person on account of race, color, religion, ancestry or national origin in places of public accommodation, resort or amusement within the state of New Mexico shall be unlawful.

49-8-5. “Places of public accommodation,” “resort” or “amusement” defined.  A place of public accommodation, resort of amusement within the meaning of this act [49-8-1 to 49-8-6] shall be deemed to include inns, taverns, roadhouses, hotels, motels and tourist courts, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, restaurants, eating houses and any place where food is sold for consumption on the premises, buffets, saloons, barrooms and any store, park or inclosure where spirituous or malt liquors are sold; ice cream parlors, confectioneries, soda fountains, and all stores where ice, ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; dispensaries, clinics, hospitals, bathhouses, theaters, motion picture houses, music halls, concert halls, circuses, race courses, skating rinks, amusement and recreation parks, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors, swimming pools, public libraries, garages, all public conveyances operated on land, water or in the air as well as the stations and terminals thereof; public halls and public elevators of the buildings and structures occupied by tow [2] or more tenants, or by owner and one [1] or more tenants.  Nothing herein contained shall be construed to include any institution, club or place of accommodation which is in its nature distinctly private, or to conflict with existing federal statutes relative to the sale of intoxicating liquors to Indians.

49-8-6. Extent of personal responsibility.  The provisions and requirements of the act [49-8-1 to 49-8-6] shall bind and obligate every owner, lessee, operator, proprietor, manager, agent and employee, whether natural person, corporation or unincorporated association, engaged in or exercising control over the operation of any place of public accommodation, resort or amusement; Provided, that whenever any agent or employee shall so exercise any function or employ any power with which he is charged or entrusted as to violate any provisions of this act, both he and his principal or employer shall be held equally responsible.

49-8-7. Discrimination in places of public accommodation—Penalty.  Any person, agency, bureau, corporation or association which willfully violates any of the provisions relating to civil rights, or aids or causes the violation of any of the provisions shall be guilty of a misdemeanor and fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each violation.