The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5423

January 17, 1979

CIVIL RIGHTS:

Refusal to lease an automobile to persons who are between 18 and 21 years of age

AGE:

Refusal to lease automobiles to persons who are between 18 and 21 years of age

As a result of the enactment of the Elliott-Larsen Civil Rights Act, automobile leasing companies are prohibited from refusing to lease an automobile to persons between the ages of 18 and 21 solely because of their age.

Honorable Perry Bullard

State Representative

Capitol Building

Lansing Michigan 48901

You have asked me to reconsider OAG, 1975-1976, No. 5090, p 688 (November 23, 1976) in view of the changes in law resulting from enactment of the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCLA 37.2101 et seq; MSA 3.548(101) et seq. Specifically you ask whether 1976 PA 453 prohibits a person from refusing to lease an automobile to persons who are between 18 and 21 years of age.

In OAG No. 5090 it was held that 1971 PA 79, Sec. 2, which was repealed and supplanted by 1976 PA 453, did not impose a duty on automobile leasing compaines to contract with persons less than 21 years of age.

OAG No. 5090, supra, further noted that 1931 PA 328, Sec. 146, MCLA 750.146; MSA 28.343, the 'equal accommodation' provision of Michigan's penal code, also did not prohibit automobile leasing companies from refusing to lease to persons less than 21 years of age because automobile leasing companies were not among the entities subject to the Act's prohibitions, to wit:

'Inns, hotels, motels, government housing, restaurants, eating houses, barbershops, bullard 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, . . .'

However, 1976 PA 453, Art 3, Secs. 301 and 302 et seq, now provides, in pertinent part:

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.

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, or accommodations of a place of public accommodation . . . because of religion, race, color, national origin, age, sex or marital status. (emphasis supplied)

1976 PA 453, Sec. 301, supra, is broader in scope than 1931 PA 328. An automobile leasing agency is clearly a 'business' and 'transportation facility' whose 'goods' and 'services' are 'extended, offered, sold, or otherwise made available to the public.' It is, therefore, a 'place of public accommodation' as defined in Sec. 301.

Unlike 1931 PA 328, 1976 PA 453, Sec. 302, supra, specifically forbids denial of equal enjoyment of the goods and services of a place of public accommodation because of age. It is therefore my opinion that automobile leasing companies are prohibited from refusing to lease automobiles to persons between the ages of 18 to 21 solely because of their age.

Frank J. Kelley

Attorney General