Michigan Compiled Laws

Mich. Comp. Laws § 37.2303 (2026)

Exemptions.

✓ current as of July 2026
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ELLIOTT-LARSEN CIVIL RIGHTS ACT


Act 453 of 1976


37.2303 Exemptions.

Sec. 303.

    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, privileges, advantages, or accommodations of the private club or establishment are made available to the customers or patrons of another establishment that is a place of public accommodation or is licensed by the state under Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 through 436.58 of the Michigan Compiled Laws. This section shall not apply to a private club that is otherwise defined as a place of public accommodation in this article.

History: 1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1992, Act 70, Imd. Eff. May 29, 1992

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1984–2023 · leading case: Rogers v. Int'l Ass'n of Lions Clubs, 636 F. Supp. 1476 (E.D. Mich. 1986).
Rogers v. Int'l Ass'n of Lions Clubs, 636 F. Supp. 1476 (E.D. Mich. 1986). · cites it 4× “The court finds this is sufficient to establish that the Lions’ clubs are public services.”
Varlesi v. Wayne State Univ., 909 F. Supp. 2d 827 (E.D. Mich. 2012). · cites it 5× “Section 37.2303 reads as follows: 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, privileges, advantages, or accommodations of the private club or establishment are…”
Doe v. Young Marines of Marine Corps League, 745 N.W.2d 168 (Mich. Ct. App. 2008). · cites it 3× “Also relevant is MCL 37.2303, which specifically excludes coverage of private clubs by the Civil Rights Act: 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,…”
John Does 11-18 v. Dep't of Corr., 917 N.W.2d 730 (Mich. Ct. App. 2018). “]" See MCL 37.2303. Furthermore, MCL 37.2302 includes the phrase "[e]xcept where permitted by law," thereby providing discretion to the Legislature to decide the scope of Article 3.”
Scalise v. Boy Scouts of Am., 692 N.W.2d 858 (Mich. Ct. App. 2005). “Plaintiffs concede that Boy Scouts’ meetings are not educational institutions or places of public accommodations under either act and recognize that Boy Scouts’ members, as private club members, have a First Amendment right to freely associate, which plaintiffs’ forced inclusion…”
Human Rights Comm'n v. Benevolent & Prot. Order of Elks, 2003 VT 104 (Vt. 2003). “49B, § 5(f) (2003); Mich. Comp. Laws Ann. § 37.2303 (West 2001); Minn.”
Neal v. Dep't of Corr., 583 N.W.2d 249 (Mich. Ct. App. 1998). · cites it 2× “§ 37.2303; M.S.A. § 3.548(303) ]. Plaintiffs argue that MDOC correctional facilities are places of "public service" under § 301 and subsection 302(a), and thus that discrimination against inmates, based on sex, is prohibited in such facilities.”
Schellenberg v. Rochester, Michigan, Lodge No 2225 of the Benevolent & Prot. Order of Elks of the United States of Am., 577 N.W.2d 163 (Mich. Ct. App. 1998). “MCL 37.2303; MSA 3.548(303). The case was submitted to the trial court for a judgment on stipulated facts pursuant to MCR 2.”
Rabidue v. Osceola Refining Co., 584 F. Supp. 419 (E.D. Mich. 1984). “§ 37.2303(h) is very similar to the EEOC sex harassment guidelines codified at 29 CFR § 1604.”
Neal v. Corr. Dept., 592 N.W.2d 370 (Mich. Ct. App. 1998). “[MCL 37.2303; MSA 3.548(303) ]. In denying defendants' motion for summary disposition with respect to plaintiffs' Civil Rights Act claim, the trial court ruled that the MDOC is a "public service" agency prohibited from engaging in gender-based discrimination or harassment under…”
Neal v. Dep't of Corr., 232 Mich. App. 730 (Mich. Ct. App. 1998). “[MCL 37.2303; MSA 3.548(303)]. In denying defendants’ motion for summary disposition with respect to plaintiffs’ Civil Rights Act claim, the trial court ruled that the mdoc is a “public service” agency prohibited from engaging in gender-based discrimination or harassment under…”
Doe v. Michigan Dept. of Corr., 601 N.W.2d 696 (Mich. Ct. App. 1999). “It provides: 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, privileges, advantages, or accommodations of the private club or establishment are made available to the…”
— Mich. Comp. Laws § 37.2303(h) — 1 case
Rabidue v. Osceola Refining Co., 584 F. Supp. 419 (E.D. Mich. 1984). “§ 37.2303(h) is very similar to the EEOC sex harassment guidelines codified at 29 CFR § 1604.”
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