Chapter 2

COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 1CHAPTER 2 PERSONAL RIGHTS § 2101. General Personal Rights. § 2102. Defamation, What. § 2103. Libel, What. § 2104. Slander, What. § 2105. Privileged Communications. § 2106. Malice Not Inferred. § 2107. Personal Relations. § 2108. Right to Use Force. § 2109 .Personal Rights. § 2110. Same, V iolation. § 2111. Amusements, Admittance. § 2112. Amusements, Denial Admittance. § 2113. Penalty . § 2114. Blind Persons: Public Use of Facilities. § 2115. Same: Rights. § 2116. Same: Guide Dog. § 2117. Same: Penalty for In terference With Blind. § 2118. Same: Negligence. § 2119. Same: Definition. § 2101. General Personal Rights. Every person has, subject to the qualifications and re strictions provided bylaw, the right of pro tection from bodily restraint or harm, from per sonal insult, from defamation, and from injury to his personal relations. SOURCE: CC '43. § 2102. Defamation, What . Defamation is effected by: (a) Libel; (b) Slander. SOURCE: CC '44. § 2103. Libel, What . Libel is a false and unprivileged publication by writing, printing, picture, effigy , or other fixed representation to the eye, which exposes any COL12010619GCA PERSONAL

CC '44. § 2103. Libel, What . Libel is a false and unprivileged publication by writing, printing, picture, effigy , or other fixed representation to the eye, which exposes any COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 2person to hatred, contempt, ridicule, or obloquy , or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. SOU RCE: CC '45. § 2104. Slander , What . Slander is a false and unprivil eged publication other than libel, which: (a) Charges any person with crime, or with hav ing been informed against, convicted, or punished for crime; (b) Imputes in him the present exist ence of an infec tious, contagious, or loathsome disease; (c) Tends directly to injure him in respect to his office, profe ssion, trade, or business, either by imput ing to him general disqualific ation in those respects which the office or the other occupat ion peculiarly requires, or by imputing something with reference to his office, pro fes- sion, trade, or business that has a natural tendency to lessen its profits; (d) Imputes to him impotence or a want of chas tity; or (e) Which, by natural consequence, c auses actual damage. SOURCE: CC '46.

trade, or business that has a natural tendency to lessen its profits; (d) Imputes to him impotence or a want of chas tity; or (e) Which, by natural consequence, c auses actual damage. SOURCE: CC '46. § 2105. Privileged Communications . A privileged publication is one made: (a) In the proper discharge of an official duty . (b) In any (1) legislative or (2) judicial proceed ings, or (3) in any other official pro ceeding autho rized by law: Provided, that an allegation or aver ment contained in any pleading or affidavit filed in an action for divorce or an action prosecuted under '8402 of this Title made of or concerning a person by or against whom no affirmative relief is prayed in such action, shall not be a privileged publication as to the person making such allegation or averment within the meaning of this section unless such plead ing be verified or affidavit sworn to, and be made without malice, by one having rea sonable and proba ble cause for believing the truth of such allegation or aver ment and unless such allegation or averment be material and relevant to the issues in such action.

ce, by one having rea sonable and proba ble cause for believing the truth of such allegation or aver ment and unless such allegation or averment be material and relevant to the issues in such action. COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 3(c) In a communication, without malice, to a person interested therein, (1) b y one who is also interested, or (2) by one who stands in such relation to the person interest ed as to afford a reasonable ground for supposing the motive for the communica tion innocent, or (3) by one who is requested by the person interested to give the information. (d) By a fair and true report, without malice, in a public journal, of (1) judicial, (2) legislative, or (3) other public official proceed ing, or (4) of anything said in the course thereof, or (5) of a verified charge or complaint made by a ny person to a public official, upon which complaint a warrant shall have been issued. (e) By a fair and true report, without malice, (1) of the proceedings of a public meet ing, if such meet ing was lawfully convened for a lawful purpose and open to the public, or (2) the publication of the mat ter complained of was for the public benefit.

e proceedings of a public meet ing, if such meet ing was lawfully convened for a lawful purpose and open to the public, or (2) the publication of the mat ter complained of was for the public benefit. SOURCE: CC '47. § 2106. Malice Not Inferred . In the cases provided for in Subdivisions (c), (d), and (e) of the preceding Section, malice is not inferred from the co mmunication or publi - cation. SOURCE: CC '48. § 2107. Personal Relations . The rights of personal relations forbid: (a) The abduction of a husband from his wife, or of a parent from his child. (b) The abduction or enticement of a wife from her husband, or a child from a parent, or from a guardian entitled to its custody . (c) The seduction of a wife, daughter , orphan sister, or servant. (d) Any injury to a servant which affects his ability to serve his master . SOURCE: CC '49. § 2108. Right to Use Forc e. Any necessary force may be used to protect from wrongful injury the person or proper tyof oneself, or of a wife, husband, child, parent, or other relative, or member of one's family , or of a ward, ser vant, master , or guest. COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 4SOURCE: CC '50. § 2109.

wife, husband, child, parent, or other relative, or member of one's family , or of a ward, ser vant, master , or guest. COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 4SOURCE: CC '50. § 2109. Personal Rights . Any person within the juris diction of this territory who conducts himself in a proper and lawful manner is entitled to the full and equal ac - commoda tions, advantag es, facilities and privileges of inns, restau rants, hotels, eating hou ses, places where alcoholic beverag es, ice cream or soft drinks of any kind are sold for con sumption on the premises, barber shops, bath houses, theaters, public convey ances and all other places of a public accommo dation or amusement, subject only to t he condi tions and limitations established by law and applica ble alike to all citizens, residents and other persons. SOURCE: CC '51. § 2110. Same: Violation . Whoever denies to any person except for reasons applicable alike to every race or religion, the full accommodations, advantages, facili ties, and privi leges enumerated in § 2109 of this Title, or who aids or incites such denial, or whoever makes any discrimination, distinction, or restriction on account of race or

advantages, facili ties, and privi leges enumerated in § 2109 of this Title, or who aids or incites such denial, or whoever makes any discrimination, distinction, or restriction on account of race or religion, or except for good cause , applicable alike to persons of every race or religion whatsoever , in re spect to the admis sion of any person to, or his treatment in, any inn, hotel, restau rant, eating house, place where alcoholic beverages, ice cream or soft drinks of any kind are sold for consumption on the premises, barber shop, bath house, theater, public conveyances, or other public place of amusement or accommodation, whether such place is licensed or not, or whoever aids or incites such discrimination, distinction, or restrictio n, for each and every such offense is liable in damages in an amount not less than One Hundred Dollars ($100.00) which may be recovered in an action at law brought for that purpose. SOURCE: CC '52. § 2111. Amusements, Admittance . It is unlawful for any corporation, person or associa tion, or the proprietor, lessee, or the agents of either, of any opera house, the ater, melodeon, museum, circus, caravan, racecourse, fair or othe r place of public

ny corporation, person or associa tion, or the proprietor, lessee, or the agents of either, of any opera house, the ater, melodeon, museum, circus, caravan, racecourse, fair or othe r place of public amusement or entertain ment, to refuse admittance to any per son over the age of twenty -one (21) years, who presents a ticket of admission ac quired bypurchase, or who tenders the price thereof for such ticket, and who demands admission to such place. Any person under the influence of liquor , COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 5or who is guilty of bo isterous conduct, or any person of lewd or immoral character , may be excluded from any such place of amusement. SOURCE: CC '53. § 2112. Amusements, Denial Admittance . Any per son who is refused admission to any place of amusement contrary to the provisi ons of the last preceding Section, is entitled to recover from the proprietor, lessee, or their agents, or from any such person, corporation, or associa tion, or the directors thereof, his actual damage s, and One Hundred Dollars ($100.00) in addition there to. SOURCE: CC '54. § 2113. Penalty .

agents, or from any such person, corporation, or associa tion, or the directors thereof, his actual damage s, and One Hundred Dollars ($100.00) in addition there to. SOURCE: CC '54. § 2113. Penalty . Any person who violates '§ 2110 or 2111 of this Chapter shall be guilty of a petty misde meanor and any type of business license held by him authorizing the operation of the premises with respect to which the violati on of '§ 2110 or 2111 has occurred, shall be subject to suspension by the court for not more than thirty (30) days. SOURCE: CC '54.1 as amended by P .L. 13 -187:1. § 2114. Blind Persons; Public Use of Facili ties. Blind persons, visually handicapped perso ns, and other physi cally disabled persons shall have the same right as the able -bodied to the full and free use of the streets, high ways, sidewalks, walkways, public buildings, public facilities, and other public places. SOURCE: CC '54.2 enacted by P .L. 11-96. § 2115. Same: Rights . (a) Blind persons, visually handicapped persons, and other physi cally disabled persons shall be entitled to full and equal access, as other members of the general public, to accommodations, ad vantages, facilities, and privileges of all

d persons, and other physi cally disabled persons shall be entitled to full and equal access, as other members of the general public, to accommodations, ad vantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, motor buses, boats or any other public conveyances or modes of trans portation, hotels, lodging places, places of public accommodation, amuse ment or resort, and other places to which the general public is invited, subject only to the conditions and limi tations established by law , or state or Feder al regulation, and applicable alike to all persons. (b) Blind persons, visually handicapped persons, and other physically disabled persons shall be en titled to full and equal access, as other members COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 6of the general public, to all housing accommodations offered for rent, lease, or compensation, in Guam, subject to the condi tions and limitations established by law , or Federal regulations, and applicable alike to all persons. Housing accommodations means any real property , or portion thereof, which is used or occupied, or is intend ed, arranged, or designed to be used or occupied, as the

applicable alike to all persons. Housing accommodations means any real property , or portion thereof, which is used or occupied, or is intend ed, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but shall not include any accommodations includ ed within Subdivision (a) or any single family residence the occupants of which rent, lease, or furnish for compen sation not more than one room therein. Nothing in this Section shall require any person renting, leasing or providing for compen sation real prop erty to modify his property in any way or provide a higher degree of care for a blind person, visually handi capped person, or other physically disabled person than for a person who is not physically disab led. Nothing in this Chapter shall require any person renting, leasing, or providing for com pensation real prop erty, if such person refuses to accept tenants who have dogs, to accept as a tenant a blind person, visually handi - capped person, or other ph ysically disabled person who has a dog, including a guide dog. SOURCE: CC '54.3 enacted by P .L. 11 -96. § 2116. Same: Guide Dog .

a tenant a blind person, visually handi - capped person, or other ph ysically disabled person who has a dog, including a guide dog. SOURCE: CC '54.3 enacted by P .L. 11 -96. § 2116. Same: Guide Dog . Every totally or partially blind person shall have the right to be accompanied by a guide dog, especially trained for the pur pose, in any of the places specified in § 2115 without being required to pay extra charge for the guide dog; provided he shall be liable for any damage done to the premises or facilities by such dog. SOURCE: CC '54.4 enacted by P .L. 11 -96. § 2117. Same: Penalty for Interference With Blind . Any person or persons, firm or corpora tion who denies or interferes with admittance to or enjoyment of the public facilities as specified in '§ 2114 and 2115 or other wise interferes with the rights of a totally or pa rtially blind person or other disabled person under '§ 2114, 2115 and 21 16 shall be guilty of a misdemeanor. SOURCE: CC '54.5 enacted by P .L. 11 -96. § 2118. Same: Negligence . COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 7A totally or partially blind pedestrian shall have all of the rights and privi leges conferred by law upon other person in any

ame: Negligence . COL12010619GCA PERSONAL RELATIONS CH.2PERSONAL RIGHTS 7A totally or partially blind pedestrian shall have all of the rights and privi leges conferred by law upon other person in any of the places, accommoda tions or conveyances specified in '§ 21 14 and 2115 notwithstanding the fact that such person is not carrying a predominantly white cane (with or without a red tip), or using a guide d og. The failure of a totally or partially blind person to carry such a cane or to use such a guide dog shall not constitute negligence per se. SOURCE: CC '54.6 enacted by P .L. 11 -96. § 2119. Same: Definition . As used in this chapter, blind, totally blind , visually handi capped, and partially blind mean having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of visio n such that the wid est diameter of the visual field subtends an angle not greater than 20 degrees. SOURCE: CC '54.8 enacted by P .L. 11 -96. ----------COL120106