THE MICHIGAN PENAL CODE
Act 328 of 1931
750.146 Right to equal public accommodations; separation of facilities according to sex.
Sec. 146.
All persons within the jurisdiction of this state shall be entitled to full and equal accommodations, advantages, facilities and privileges of inns, hotels, motels, government housing, restaurants, eating houses, barber shops, billiard parlors, stores, public conveyances on land and water, theatres, motion picture houses, public educational institutions, in elevators, on escalators, in all methods of air transportation and all other places of public accommodation, amusement, and recreation, subject only to the conditions and limitations established by law and applicable alike to all citizens and to all citizens alike, with uniform prices. Rooming facilities at educational, religious, charitable or nonprofit institutions or organizations, and restrooms and locker room facilities in places of public accommodation may be separated according to sex.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 117, Eff. Oct. 29, 1937 ;-- CL 1948, 750.146 ;-- Am. 1952, Act 101, Eff. Sept. 18, 1952 ;-- Am. 1956, Act 182, Eff. Aug. 11, 1956 ;-- Am. 1972, Act 116, Imd. Eff. Apr. 18, 1972
FormerLaw Notes:
See section 1 of Act 130 of 1885, being How., § 9074a; CL 1897, § 11759; CL 1915, § 15570; CL 1929, § 16809; and Act 375 of 1919.
Notes of Decisions
Doe (E.D. Mich. 2025).
· cites it 2× “Plaintiffs allege not only that the minor defendants created and distributed such photos, but that the defendant school district engaged in a conspiracy with those minor defendants to “cover[] up and downplay[]” their alleged conduct.”
St. Joseph Par. St. Johns v. Dana Nessel (6th Cir. 2024).
· cites it 2× “” Mich. Comp. Laws § 750.146 . The Act prohibits any owner, operator, or employee of a place of public accommodation from (1) denying the accommodations of her facilities based on a person’s protected characteristic or (2) publishing communications or advertisements stating that…”
Carter v. Shearer (E.D. Mich. 2022).
· cites it 2× “, and MCL 750.146, against Defendants LVNA, Vitosevic, and Barrager.”
Scalise v. Boy Scouts of Am., 692 N.W.2d 858 (Mich. Ct. App. 2005).
· cites it 5× “In April 2001, plaintiffs filed an amended complaint alleging criminal violation of Michigan public accommodation laws, MCL 750.146 et seq., sometimes referred to as the equal accommodation act.”
Mostafa v. Buffets, Inc., 71 F. App'x 573 (6th Cir. 2003).
· cites it 2× “; the Equal Public Accommodations Act, Mich. Comp. Laws § 750.146 ; and various state laws.”
Clarke v. K Mart Corp., 495 N.W.2d 820 (Mich. Ct. App. 1992).
“MCL 750.146; MSA 28.343. The enforcement section of this act makes it a misdemeanor to "directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages, facilities and privileges” of stores and further allows civil enforcement and treble…”
Slayton v. Michigan Host, Inc, 376 N.W.2d 664 (Mich. Ct. App. 1985).
“Partially dispositive to our holding in that case was our finding that the Elliott-Larsen Civil Rights Act did not replace or repeal any portion of the public accommodations act.”
Bowen v. Nelson Credit Centers, Inc, 357 N.W.2d 811 (Mich. Ct. App. 1984).
“Plaintiff filed this lawsuit against both Nelson Credit and American Health on April 29, 1981, alleging breach of contract, intentional infliction of emotional distress and violations of the Michigan Consumer Protection Act, MCL 445.”
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