THE MICHIGAN PENAL CODE
Act 328 of 1931
750.147 Denial of equal public accommodations.
Sec. 147.
Any person being an owner, lessee, proprietor, manager, superintendent, agent or employee of any such place who shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages, facilities and privileges thereof or directly or indirectly publish, circulate, issue, display, post or mail any written or printed communications, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such places shall be refused, withheld from or denied to any person on account of race, color, religion, national origin, sex or blindness or that any particular race, color, religion, national origin, sex or blindness is not welcome, objectionable or not acceptable, not desired or solicited, shall for every such offense be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $100.00 or imprisoned for not less than 15 days or both such fine and imprisonment in the discretion of the court; and every person being an owner, lessee, proprietor, manager, superintendent, agent or employee of any such place, and who violates any of the provisions of this section, shall be liable to the injured party, in treble damages sustained, to be recovered in a civil action: Provided, however, That any right of action under this section shall be unassignable. In the event that any person violating this section is operating by virtue of a license issued by the state, or any municipal authority, the court, in addition to the penalty prescribed above, may suspend or revoke such license.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 117, Eff. Oct. 29, 1937 ;-- CL 1948, 750.147 ;-- Am. 1956, Act 182, Eff. Aug. 11, 1956 ;-- Am. 1972, Act 116, Imd. Eff. Apr. 18, 1972
FormerLaw Notes:
See section 2 of Act 130 of 1885, being How., § 9074b; CL 1897, § 11760; CL 1915, § 15571; CL 1929, § 16810; and Act 375 of 1919.
Notes of Decisions
Gilbert v. DaimlerChrysler Corp., 685 N.W.2d 391 (Mich. 2004).
· cites it 2× “Punitive damages are authorized, for example, by MCL 750.147. [21] MCL 37.2801(3). [22] There is also an overarching constitutional issue to consider.”
Clarke v. K Mart Corp., 495 N.W.2d 820 (Mich. Ct. App. 1992).
· cites it 2× “However, these cases involve claims brought under the equal accommodations act, MCL 750.147; MSA 28.344, where it was argued that the unequal membership fees charged to men and women for joining these clubs were discriminatory.”
Ledsinger v. Burmeister, 318 N.W.2d 558 (Mich. Ct. App. 1982).
“Ledsinger equal accommodation in his store based on Ledsinger’s race. Consequently, plaintiffs have stated a cause of action under the public accommodations law and the trial court erred in dismissing that count of their complaint by summary judgment.”
Scalise v. Boy Scouts of Am., 692 N.W.2d 858 (Mich. Ct. App. 2005).
“The Michigan Civil Rights Act was created to provide statutory relief for violations of this right of equal *30 enjoyment and a foundation in law for injunctive relief and damages.”
Ferrell v. Vic Tanny Int'l, Inc, 357 N.W.2d 669 (Mich. Ct. App. 1984).
“MCL 750.147; MSA 28.344. Plaintiffs do not allege that they were denied admission to Vic Tanny’s gymnasium for any of these reasons.”
Magid v. Oak Park Racquet Club Assocs., Ltd., 269 N.W.2d 661 (Mich. Ct. App. 1978).
· cites it 2× “343; 2) MCL 750.147; MSA 28.344, based on communications circulated by defendant; 3) unjust enrichment of defendants by virtue of accepting money under contracts illegal under the statutes; and 4) defendants’ conspiracy to establish discriminatory membership fees so as to…”
Tucich v. Dearborn Indoor Racquet Club, 309 N.W.2d 615 (Mich. Ct. App. 1981).
“Count II alleges that certain advertising contained in brochures disseminated by the tennis clubs violates § 147 of the Michigan public accommodations act, MCL 750.147; MSA 28.344. Counts III and IV allege that the contracts between the class members and the clubs were illegal…”
Vidrich v. Vic Tanny Int'l, Inc, 301 N.W.2d 482 (Mich. Ct. App. 1980).
“” MCL 750.147; MSA 28.344 states in pertinent part: "Any person being an owner, lessee, proprietor, manager, superintendent, agent or employee of any such place who shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages,…”
Karoumi v. TJ MAXX, 408 F. Supp. 2d 454 (E.D. Mich. 2005).
· cites it 4× “On October 1, 2004, the plaintiffs filed a two-count complaint in the Saginaw County, Michigan circuit court alleging violation of Michigan’s Public Accommodation Act, Mich. Comp. Laws § 750.147 , and the Elliot — Larsen Civil Rights Act, Mich.”
in Re Attorney Fees of John W Ujlaky (Mich. Ct. App. 2017).
“The trial court appointed appellant as counsel for defendant’s appeal of her no-contest pleas to embezzlement of $100,000, or more, MCL 750.147(7), and uttering and publishing, MCL 750.”
— Mich. Comp. Laws § 750.147(6) — 2 cases
— Mich. Comp. Laws § 750.147(7) — 2 cases
in Re Attorney Fees of John W Ujlaky (Mich. Ct. App. 2017).
“The trial court appointed appellant as counsel for defendant’s appeal of her no-contest pleas to embezzlement of $100,000, or more, MCL 750.147(7), and uttering and publishing, MCL 750.”
— Mich. Comp. Laws § 750.147(b) — 2 cases
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