ELLIOTT-LARSEN CIVIL RIGHTS ACT
Act 453 of 1976
37.2301 Definitions.
Sec. 301.
As used in this article:
(a) "Place of public accommodation" means a business, or an educational, refreshment, entertainment, recreation, health, or transportation facility, or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. Place of public accommodation also includes the facilities of the following private clubs:
(i) A country club or golf club.
(ii) A boating or yachting club.
(iii) A sports or athletic club.
(iv) A dining club, except a dining club that in good faith limits its membership to the members of a particular religion for the purpose of furthering the teachings or principles of that religion and not for the purpose of excluding individuals of a particular sex, race, or color.
(b) "Public service" means a public facility, department, agency, board, or commission, owned, operated, or managed by or on behalf of this state, a political subdivision, or an agency of this state or of a political subdivision or a tax exempt private agency established to provide service to the public, except that public service does not include a state or county correctional facility with respect to actions and decisions regarding an individual serving a sentence of imprisonment.
History: 1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1992, Act 70, Imd. Eff. May 29, 1992 ;-- Am. 1999, Act 202, Eff. Mar. 10, 2000 ;-- Am. 2023, Act 6, Eff. Feb. 13, 2024
Compiler's Notes:
Enacting section 1 of Act 202 of 1999 provides:
“Enacting section 1. This amendatory act is curative and intended to correct any misinterpretation of legislative intent in the court of appeals decision Neal v Department of Corrections, 232 Mich App 730 (1998). This legislation further expresses the original intent of the legislature that an individual serving a sentence of imprisonment in a state or county correctional facility is not within the purview of this act. ”
Constitutionality Notes:
In Doe v Dep't of Corrections, 504 Mich 883 (2019), the Michigan Supreme Court denied the application for leave to appeal the March 27, 2018 judgment in Doe v Dep't of Corrections, 323 Mich App 479, that held that section 301(b) as amended by Act 202 of 1999 to effectively bar correctional-facility prisoners from bringing ELCRA suits is in direct violation of article I, section 2 of the state constitution of 1963.
Notes of Decisions
Cited in
85
cases (
19 in the last 5 years), 1981–2026 · leading case:
Haynes v Neshewat
Haynes v Neshewat (2007)
mich · cites it 8×
“Two provisions of the public accommodations section are relevant to our inquiry: MCL 37.2301(a) and MCL 37.2302(a). MCL 37.”
Hamed v. Wayne County (2011)
mich · cites it 4×
“5 and other verbal or physical conduct or communication of a sexual nature under the following conditions: (i) Submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services,…”
Kassab v. Michigan Basic Property Insurance (1992)
mich · cites it 10×
“[MCL 37.2301(a); MSA 3.548(301)(a).] Section 302(a) provides: Except where permitted by law, a person shall not: Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or…”
Doe v. Department of Corrections (2015)
michctapp · cites it 8×
“, specifically MCL 37.2301(b), by excluding prisoners from the scope of the act, is unconstitutional, I would affirm the trial court’s denial of defendants’ motion for summary disposition on this issue.”
Michigan Protection & Advocacy Service, Inc. v. Caruso (2008)
miwd · cites it 7×
“Moreover, under basic principles of statutory construction, the court ascribes significance to the fact that Mich. Comp. Laws § 37.2301 (b) lists “a political subdivision, or an agency thereof’ in the disjunctive.”
Varlesi v. Wayne State University (2012)
mied · cites it 10×
“Mich. Comp. Laws § 37.2301 (a). RARC does not come within the statutory definition of a place of public accommodation.”
Diamond v. Witherspoon (2005)
michctapp · cites it 2×
“5 A city shall not deny an individual the full and equal enjoyment of services and privileges of a place of public service because of sex. MCL 37.2103(g) and (h); MCL 37.2302.”
Neal v. Department of Corrections (1998)
michctapp · cites it 4×
“§ 37.2301; M.S.A. § 3.548(301) ]. Finally, § 303 of the act creates an exemption under article 3 for private clubs: This article shall not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities,…”
Eide v. Kelsey-Hayes Co. (1988)
mich · cites it 2×
“The act also creates a cause of action for discrimination in public accommodations, MCL 37.2301 et seq.; MSA 3.548(301) et seq.”
— Mich. Comp. Laws § 37.2301(a) — 25 cases
Haynes v Neshewat (2007)
mich
“Two provisions of the public accommodations section are relevant to our inquiry: MCL 37.2301(a) and MCL 37.2302(a). MCL 37.”
Kassab v. Michigan Basic Property Insurance (1992)
mich
“[MCL 37.2301(a); MSA 3.548(301)(a).] Section 302(a) provides: Except where permitted by law, a person shall not: Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or…”
Varlesi v. Wayne State University (2012)
mied
“Mich. Comp. Laws § 37.2301 (a). RARC does not come within the statutory definition of a place of public accommodation.”
— Mich. Comp. Laws § 37.2301(a)(i) — 1 case
— Mich. Comp. Laws § 37.2301(a)(ii) — 1 case
— Mich. Comp. Laws § 37.2301(a)(iii) — 2 cases
— Mich. Comp. Laws § 37.2301(b) — 32 cases
Doe v. Department of Corrections (2015)
michctapp
“, specifically MCL 37.2301(b), by excluding prisoners from the scope of the act, is unconstitutional, I would affirm the trial court’s denial of defendants’ motion for summary disposition on this issue.”
Hamed v. Wayne County (2011)
mich
“5 and other verbal or physical conduct or communication of a sexual nature under the following conditions: (i) Submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services,…”
Diamond v. Witherspoon (2005)
michctapp
“5 A city shall not deny an individual the full and equal enjoyment of services and privileges of a place of public service because of sex. MCL 37.2103(g) and (h); MCL 37.2302.”
Kassab v. Michigan Basic Property Insurance (1992)
mich
“[MCL 37.2301(a); MSA 3.548(301)(a).] Section 302(a) provides: Except where permitted by law, a person shall not: Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or…”
— Mich. Comp. Laws § 37.2301(i) — 1 case
Hamed v. Wayne County (2011)
mich
“5 and other verbal or physical conduct or communication of a sexual nature under the following conditions: (i) Submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services,…”
— Mich. Comp. Laws § 37.2301(k)(i) — 1 case
— Mich. Comp. Laws § 37.2301(k)(iii) — 1 case
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