Is this unlawful discrimination?

Question

I am a long-term rental tenant at a boat storage and launch ramp facility. Non-tenant day use customers can pay a daily fee to use the same facility. I have been required to provide liability insurance, while the day use customers are not required to do this. They use the same boat launch ramp and create the same risk factor. Is this unlawful discrimination to demand insurance from one group of customers, but not from the other?

James L. Arrasmith · Answer

This situation likely does not constitute unlawful discrimination. Different requirements for long-term tenants versus day-use customers are common and legally permissible when there's a legitimate business reason for the distinction. 
 
The key factor here is the nature of your relationship with the facility. As a long-term tenant, you have an ongoing contractual relationship that creates different legal obligations and risk factors compared to casual, one-time users. Many businesses require additional safeguards, like insurance, from their regular tenants while having simpler requirements for occasional customers. 
 
If you're concerned about the insurance requirement, you could discuss this with the facility management to understand their reasoning. You might also review your rental agreement, as it should outline these requirements. However, unless the different treatment is based on protected characteristics like race, religion, or gender, requiring insurance from tenants while not requiring it from day-use customers would generally be considered a legitimate business practice.

Q: Is this unlawful discrimination?