§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, 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.  

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