§ 49:146 — Facilities to which public invited; discrimination

Louisiana § 49:146

• Jurisdiction: Louisiana
• Title 49: State Administration

Text

§146. Facilities to which public invited; discrimination
A.(1) In access to public areas, public accommodations, and public facilities, every
person shall be free from discrimination based on race, religion, or national ancestry and
from arbitrary, capricious, or unreasonable discrimination based on age, sex, military status,
or physical or mental disability.
(2) For purposes of this Section, a public facility is defined as any publicly or
privately owned property to which the general public has access as invitees and shall include
such facilities open to the public as hotels, motels, restaurants, cafes, barrooms, and places
of entertainment or recreation but shall not include any private club.
(3) For purposes of this Section, to determine whether an organization is a private
club, the factors to be considered are:
(a) Selectiveness of the group in addition of members;
(b) Existence of formal membership procedures;
(c) Degree of membership control over internal governance, particularly with regard
to new members;
(d) History of organization;
(e) Use of club facilities by nonmembers;
(f) Substantiality of dues;
(g) Whether the organization advertises; and
(h) Predominance of a profit motive.
(4) Anyone who is denied access to such facilities in violation of this Section shall
have as his remedy the same state civil remedy as provided in Article 2315 of the Louisiana
Civil Code that is applicable when one has been harmed or injured by another.
(5) The provisions of this Section shall not prohibit any religious or private
institution of elementary, secondary, or higher education from denying access to any area,
accommodation, or facility on the basis of religion or sex.
B. Notwithstanding any other provision of law, a defendant to a civil suit filed
pursuant to this Section shall, if such cause of action is frivolous, have a civil remedy for
damages and attorney's fees incurred as a result of the frivolous claim.

Legislative History

Added by Acts 1983, No. 357, §1; Acts 1987, No. 277, §1; Acts 2025, No. 100, §3.