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La. Rev. Stat. § 49:146 (2026)

Facilities to which public invited; discrimination

✓ current as of May 2026
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§146. Facilities to which public invited; discrimination

           A.(1) In access to public areas, public accommodations, and public facilities, every person shall be free from discrimination based on race, religion, or national ancestry and from arbitrary, capricious, or unreasonable discrimination based on age, sex, military status, or physical or mental disability.

           (2) For purposes of this Section, a public facility is defined as any publicly or privately owned property to which the general public has access as invitees and shall include such facilities open to the public as hotels, motels, restaurants, cafes, barrooms, and places of entertainment or recreation but shall not include any private club.

           (3) For purposes of this Section, to determine whether an organization is a private club, the factors to be considered are:

           (a) Selectiveness of the group in addition of members;

           (b) Existence of formal membership procedures;

           (c) Degree of membership control over internal governance, particularly with regard to new members;

           (d) History of organization;

           (e) Use of club facilities by nonmembers;

           (f) Substantiality of dues;

           (g) Whether the organization advertises; and

           (h) Predominance of a profit motive.

           (4) Anyone who is denied access to such facilities in violation of this Section shall have as his remedy the same state civil remedy as provided in Article 2315 of the Louisiana Civil Code that is applicable when one has been harmed or injured by another.

           (5) The provisions of this Section shall not prohibit any religious or private institution of elementary, secondary, or higher education from denying access to any area, accommodation, or facility on the basis of religion or sex.

           B. Notwithstanding any other provision of law, a defendant to a civil suit filed pursuant to this Section shall, if such cause of action is frivolous, have a civil remedy for damages and attorney's fees incurred as a result of the frivolous claim.

           Added by Acts 1983, No. 357, §1; Acts 1987, No. 277, §1; Acts 2025, No. 100, §3, eff. August 1, 2025.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1992–2022 · leading case: Hubbard v. Jefferson Par. Parks & Rec., 40 So. 3d 1106 (La. Ct. App. 2010).
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Hubbard v. Jefferson Par. Parks & Rec., 40 So. 3d 1106 (La. Ct. App. 2010). · cites it 4× “R.S. 49:146 by alleging she was denied equal access as a female to the well-maintained baseball fields, which were saved for the men and boys, and that said discrimination contributed to her injury.”
Human Rights Comm'n v. Benevolent & Prot. Order of Elks, 2003 VT 104 (Vt. 2003). “130 (1) (Michie 2001); La. Rev. Stat. Ann. § 49:146(A)(2) (West 2003); Md.”
Albright v. S. Trace Country Club, 879 So. 2d 121 (La. 2004). “[16] District Court Decision: Although there is a lack of a precise definition for "public" areas in Section 12 and it remains ultimately this court's obligation and responsibility to decide what the constitution means, in 1983 the legislature enacted LSA-R.S. 49:146 which…”
Copsey v. Jt. Legislative Budget Contorl. Coun., 607 So. 2d 841 (La. Ct. App. 1992). “Notwithstanding any other provision of law to the contrary, and particularly any provision of R.S. 49:146, the allocation and use of space within the state capitol .”
Harrison v. Vici Props., Inc. (E.D. La. 2022). · cites it 10× “35 Plaintiff asserts, upon information and belief, that “black patrons have complained to [Harrah’s] about the discriminatory treatment.”
Harrison v. Vici Props., Inc. (E.D. La. 2022). · cites it 8× “La. Rev. Stat. § 49:146 Plaintiff also alleges that defendants discriminated against her on the basis of her race and sex in violation of Louisiana Revised Statute § 49:146.”
Pullins v. Hancock Whitney Bank (M.D. La. 2020). · cites it 4× “LAW AND ANALYSIS A. Motion to Dismiss under Rule 12(b)(6) When deciding a Rule 12(b)(6) motion to dismiss, “[t]he ‘court accepts all well- pleaded facts as true, viewing them in the light most favorable to the plaintiff.”
La. Rev. Stat. § 49:146(A)(2): 1 case
Human Rights Comm'n v. Benevolent & Prot. Order of Elks, 2003 VT 104 (Vt. 2003). “130 (1) (Michie 2001); La. Rev. Stat. Ann. § 49:146(A)(2) (West 2003); Md.”
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