As used in this section: (1) "place of public accommodation" has the meaning given in section 363A.03, subdivision 34 , but excludes recreational trails; (2) "criminal gang" has the meaning given in section 609.229, subdivision 1 ; and (3) "obscene" has the meaning given in section 617.241, subdivision 1 . (a) A place of public accommodation may not restrict access, admission, or usage to a person solely because the person operates a motorcycle or is wearing clothing that displays the name of an organization or association. (b) This subdivision does not prohibit the restriction of access, admission, or usage to a person because: (1) the person's conduct poses a risk to the health or safety of another or to the property of another; or (2) the clothing worn by the person is obscene or includes the name or symbol of a criminal gang. A person injured by a violation of subdivision 2 may bring an action for actual damages, punitive damages under sections 549.191 and 549.20 in an amount not to exceed $500, injunctive relief, and reasonable attorney fees in an amount not to exceed $500. Notwithstanding section 645.241 , a violation of subdivision 2 is not a crime.
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