PERSONS WITH DISABILITIES CIVIL RIGHTS ACT
Act 220 of 1976
37.1302 Prohibited conduct.
Sec. 302.
Except where permitted by law, a person shall not:
(a) Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation or public service because of a disability that is unrelated to the individual's ability to utilize and benefit from the goods, services, facilities, privileges, advantages, or accommodations or because of the use by an individual of adaptive devices or aids.
(b) Print, circulate, post, mail, or otherwise cause to be published a statement, advertisement, or sign which indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation or public service will be refused, withheld from, or denied an individual because of a disability that is unrelated to the individual's ability to utilize and benefit from the goods, services, facilities, privileges, advantages, or accommodations or because of the use by an individual of adaptive devices or aids, or that an individual's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable because of a disability that is unrelated to the individual's ability to utilize and benefit from the goods, services, facilities, privileges, advantages, or accommodations or because of the use by an individual of adaptive devices or aids.
History: 1976, Act 220, Eff. Mar. 31, 1977 ;-- Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998
Notes of Decisions
Bertrand v. City of MacKinac Island, 662 N.W.2d 77 (Mich. Ct. App. 2003).
· cites it 6× “MCL 37.1302 generally provides the disabled with protection with regard to matters “unrelated to the individual’s ability to utilize and benefit from the goods, services, facilities, privileges, advantages, or accommodations” of a public service.”
Dorsey v. City of Detroit, 157 F. Supp. 2d 729 (E.D. Mich. 2001).
· cites it 4× “Michigan’s Persons With Disabilities Civil Rights Act Plaintiff also raises claims under Article 3 of Michigan’s Persons with Disabilities Civil Rights Act (“the Act”), Mich. Comp. Laws § 37.1302 . (Am.Compl.¶¶ 21-25).”
Kurzawa v. Mueller, 545 F. Supp. 1254 (E.D. Mich. 1982).
· cites it 4× “§ 37.1302(a), and for common law malpractice, respectively.”
Moses, Inc v. Se. Michigan Council of Governments, 716 N.W.2d 278 (Mich. Ct. App. 2006).
“[MCL 37.1302(a).] Further, the PWDCRA requires that “a person shall accommodate a person with a disability for purposes of employment, public accommodation, public service, education, or housing unless the person demonstrates that the accommodation would impose an undue hardship.”
Doe v. Dep't of Corr., 641 N.W.2d 269 (Mich. Ct. App. 2002).
· cites it 2× “[8] MCL 37.1302(a) (emphasis added). [9] MCL 37.”
Doe v. Dep't of Corr., 611 N.W.2d 1 (Mich. Ct. App. 2000).
· cites it 2× “[MCL 37.1302(a); MSA 3.550(302)(a) (emphasis added).”
Mayberry v. Von Valtier, 843 F. Supp. 1160 (E.D. Mich. 1994).
“A § 37.1302. Section 103 defines the term “handicap” as: (i) A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic: (B) For purposes of article 3, is…”
Spagnuolo v. Rudds 2, Inc., 561 N.W.2d 500 (Mich. Ct. App. 1997).
· cites it 2× “550(102)(2) and MCL 37.1302; MSA 3.550(302), plaintiff could not state a valid claim based on the HCRA.”
Gazette v. City of Pontiac, 536 N.W.2d 854 (Mich. Ct. App. 1995).
“In order to establish a prima facie case of discrimination under Article 3, a plaintiff must allege that (1) he is "handicapped” as defined in the statute, (2) the handicap is unrelated to his ability to utilize and benefit from a place of public accommodation or public service,…”
Cebreco v. Music Hall Ctr. for the Performing Arts, Inc, 555 N.W.2d 862 (Mich. Ct. App. 1996).
“” MCL 37.1302; MSA 3.550(302). Plaintiff argues that the trial court inappropriately concluded that she was not “handicapped” because her disability was related to her “ability to .”
Miller v. City of Detroit, 462 N.W.2d 856 (Mich. Ct. App. 1990).
“[MCL 37.1302; MSA 3.550(302).] *792 Section 103 defines the term "handicap”: (b) "Handicap” means a determinable physical or mental characteristic of an individual or a history of the characteristic which may result from disease, injury, congenital condition of birth, or…”
Doe v. Michigan Dept. of Corr., 601 N.W.2d 696 (Mich. Ct. App. 1999).
“[MCL 37.1302(a); MSA 3.550(302)(a).] A "public service" is defined as "a public facility, department, agency, board, or commission, owned, operated, or managed by or on behalf of this state or a subdivision of this state, a county, city, village, township, or independent or…”
— Mich. Comp. Laws § 37.1302(a) — 19 cases
Bertrand v. City of MacKinac Island, 662 N.W.2d 77 (Mich. Ct. App. 2003).
“MCL 37.1302 generally provides the disabled with protection with regard to matters “unrelated to the individual’s ability to utilize and benefit from the goods, services, facilities, privileges, advantages, or accommodations” of a public service.”
Kurzawa v. Mueller, 545 F. Supp. 1254 (E.D. Mich. 1982).
“§ 37.1302(a), and for common law malpractice, respectively.”
Moses, Inc v. Se. Michigan Council of Governments, 716 N.W.2d 278 (Mich. Ct. App. 2006).
“[MCL 37.1302(a).] Further, the PWDCRA requires that “a person shall accommodate a person with a disability for purposes of employment, public accommodation, public service, education, or housing unless the person demonstrates that the accommodation would impose an undue hardship.”
Doe v. Dep't of Corr., 641 N.W.2d 269 (Mich. Ct. App. 2002).
“[8] MCL 37.1302(a) (emphasis added). [9] MCL 37.”
Doe v. Dep't of Corr., 611 N.W.2d 1 (Mich. Ct. App. 2000).
“[MCL 37.1302(a); MSA 3.550(302)(a) (emphasis added).”
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