Haynes v Neshewat
Haynes v Neshewat
Concurring Opinion
(concurring). Having reached the proper result in this case through a proper legal analysis, Justice KELLY in a concurrence to her own majority opinion proceeds to demonstrate that she could have reached the same result through less disciplined means. Not content to rely, as she does in her majority opinion, on the actual language of the law, Justice KELLY invokes an array of alternative techniques to “interpret” the law in her concurring opinion. She relies upon a “liberal construction” of the statute in question; she relies upon characterizations of the statute as “broad” and “reme
Opinion of the Court
We granted leave to appeal to determine whether plaintiff has stated a cause of action under MCL 37.2302, the public accommodations provision of the Civil Rights Act (CRA). This case arose when plaintiff, Dr. Gregory Haynes, an African-American physician with staff privileges at Oakwood Hospital-Seaway Center, alleged that defendants treated him differently than similarly situated white physicians on the basis of his race. Plaintiff claims that a result of this different treatment was that he was deprived of the ability and opportunity to fully utilize the medical facilities in violation of the CRA.
Defendants moved for summary disposition of the CRA claims, arguing that plaintiffs allegations did not come within the scope of the act. The trial court rejected defendants’ arguments and denied the motion. A divided Court of Appeals reversed and decided that MCL 37.2302(a) addresses discrimination with respect to services made available only to the public. We disagree. We find that MCL 37.2302 prohibits unlawful discrimination against any individual, not just members of the public. Accordingly, we reverse the judgment of the Court of Appeals and remand this case to the trial court for further proceedings.
FACTS AND PROCEDURAL HISTORY
Plaintiff is a physician licensed in the state of Michigan with specialties in internal medicine and gastroen-
On October 31, 2001, plaintiff filed his four-count complaint against defendants.
Defendants moved for summary disposition, arguing, among other things, that a hospital is not a place of public accommodation with respect to its decisions concerning staff privileges. The trial court granted defendants’ motion with respect to the claims of negligence and tortious interference with business relationships.
Defendants timely applied for, and were granted, interlocutory review. In a split decision, the Court of Appeals reversed. Unpublished opinion per curiam, issued June 23,2005 (Docket No. 249848). The Court of Appeals majority held that a place of public accommodation exists only through the provision of goods, services, facilities, privileges, advantages, or accommodations to the public. Services and privileges that a facility does not provide to the public, it reasoned, do not implicate the public accommodations provision of the CRA. Therefore, the Court held that a health facility is certainly a place of public accommodation under the CRA in some respects. However, a physician’s complaint concerning his or her private medical staff privileges at a hospital does not come within the purview of the public accommodations provisions.
STANDARD OF REVIEW
This case involves a question of statutory interpretation, which we review de novo. Ostroth v Warren Regency, GP, LLC, 474 Mich 36, 40; 709 NW2d 589 (2006). We also review de novo a trial court’s decision on a motion for summary disposition. Id. Defendant’s motion for summary disposition was made pursuant to MCR 2.116(C)(8).
ANALYSIS
A. INTERPRETING THE STATUTE
We are called on to decide whether plaintiff stated a cause of action under the public accommodations section of the CRA. He alleged that defendants’ discrimi
To resolve the issue before us, we must interpret the CRA. The primary goal of statutory interpretation is to give effect to the intent of the Legislature. Ford Motor Co v Woodhaven, 475 Mich 425, 438; 716 NW2d 247 (2006). If the statute is unambiguous, this Court will apply its language as written. Id. When a statute specifically defines a given term, that definition alone controls. Tryc v Michigan Veterans’ Facility, 451 Mich 129, 136; 545 NW2d 642 (1996).
MCL 37.2302 provides in part:
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 or public service because of religion, race, color, national origin, age, sex, or marital status.
In order to state a claim under MCL 37.2302(a), plaintiff must establish four elements: (1) discrimination based on a protected characteristic (2) by a person, (3) resulting in the denial of the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations (4) of a place of public accommodation.
Plaintiff claims that he was discriminated against because of his race. Race is one of the specifically listed
In order to establish the third element, plaintiff must have been denied the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations. The CRA does not define these terms. We give undefined terms their ordinary meanings. Koontz v Ameritech Services, Inc, 466 Mich 304, 312; 645 NW2d 34 (2002). A dictionary may be consulted if necessary. Id. Webster’s defines “privilege” as “a right, immunity, or benefit enjoyed by a particular person or a restricted group of persons.” Random House Webster’s College Dictionary (2001).
Plaintiff has staff privileges at Oakwood. These privileges give him the right to use the hospital facilities to treat his patients. Staff privileges are “privileges” because they are a “right” or “benefit” that is enjoyed only by a restricted group of people, in this case doctors. Thus, the full and equal enjoyment of staff privileges is protected by § 302(a). Plaintiff alleged that defendants interfered with his staff privileges and that this denied him the opportunity to fully and equally utilize the facilities. This allegation sufficiently establishes the third element of the statute.
MCL 37.2301(a) provides in part:
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.
Oakwood provides a full range of health services to the public. It is a “business [or] ... health . .. facility.. . whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.” MCL 37.2301(a). Therefore, Oakwood qualifies as a place of public accommodation. See Whitman v Mercy-Memorial Hosp, 128 Mich App 155; 339 NW2d 730 (1983). As a result, all four elements of the statute are sufficiently established and plaintiff has stated a cause of action under the CRA.
B. MCL 37.2302(a) PROTECTS INDIVIDUALS, NOT MEMBERS OF THE PUBLIC
Defendants argue, and the Court of Appeals majority agreed, that plaintiff states a claim under § 302(a) only if he alleges that he was deprived of goods, services, facilities, privileges, advantages, or accommodations that were made available to the public. According to defendants, even if there has been an interference with plaintiffs ability to practice as a physician at Oakwood, plaintiff has not stated a cause of action. They reason that the practice of medicine is not a privilege offered to the public. We reject this interpretation because it is contrary to the language of the statute.
C. KASSAB
The defendants argue that this case is controlled by our decision in Kassab v Michigan Basic Prop Ins Ass’n, 441 Mich 433; 491 NW2d 545 (1992). In Kassab, this Court decided that the CRA did not provide a remedy for discriminatory processing of insurance claims. Id. at 442. The Court concluded that, even if the insurance company was a “ ‘[pjlace of public accommodation,’ ” the CRA did not extend beyond “ ‘services . . . made available to the public’ ” and so did not provide a cause of action to Mr. Kassab. Id. at 440-441. It held that, as long as the company provided access to services, the CRA did not prevent it from discriminating in providing full and equal enjoyment of those services. Id. at 441.
We are mindful of the doctrine of stare decisis and do not take lightly our decision to overrule Kassab. In Robinson v Detroit,
Finding that a prior decision was wrongly decided is not the end of our inquiry. We must also weigh the effects of overruling the decision. Id. at 466. This consideration involves a review of whether the decision “defies ‘practical workability,’ whether reliance interests would work an undue hardship, and whether changes in the law or facts no longer justify the questioned decision.” Id. at 464.
We find that there are no factors that counsel against overruling Kassab. Kassab held that the CRA does not provide a cause of action for discriminatory processing of insurance claims. The fact that some parties may rely on a decision to protect them from civil liability for discriminatory behavior is not a reason to uphold an erroneous decision. This is especially true when the prior decision involves the interpretation of the CRA. The CRA implements the equal protection and antidis-crimination guarantees of the Michigan Constitution. It would be inconsistent with these constitutional guarantees to uphold an erroneous interpretation of the CRA.
The public accommodations provision of the CRA, MCL 37.2302, does not limit its prohibition against discrimination to members of the public. Rather, § 302(a) prohibits unlawful discrimination against any individual’s full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.
Plaintiff is a physician with staff and clinical privileges at Oakwood. By alleging that defendants’ discriminatory behavior deprived him of the opportunity to fully utilize the Oakwood medical facilities, plaintiff stated a cause of action under the CRA. The judgment of the Court of Appeals is reversed, and this case is remanded to the trial court for further proceedings consistent with this opinion.
Reversed and remanded.
Unless it is necessary to distinguish between the two, both OakwoodSeaway Center and Oakwood Healthcare, Inc., will be referenced as Oakwood.
The complaint named as defendants Oakwood Healthcare, Inc.; Dr. Michael Neshewat; Dr. Robert Murray; and Brian Peltz. Before the filing of defendants’ motion for summary disposition, Mr. Peltz and Dr. Murray were dismissed from the action by stipulation of the parties. Dr. Neshewat faded to appear or plead and a default judgment was entered against him. Defendants opposed plaintiffs motion for entry of a default judgment, thereby preserving the right to challenge the trial court’s decision granting the default judgment.
Plaintiffs medical practice is largely dependent on referrals by patients and other physicians. Plaintiff claims that defendant Neshewat
Plaintiff did not appeal from this ruling.
MCR 2.116(C)(8) provides:
(C) Grounds. The motion may be based on one or more of these grounds, and must specify the grounds on which it is based:
(8) The opposing party has failed to state a claim on which relief can be granted.
MCL 37.2302 provides in part:
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 or public service because of religion, race, color, national origin, age, sex, or marital status. [Emphasis added.]
462 Mich 439; 613 NW2d 307 (2000).
Concurring Opinion
(concurring). This case requires us to interpret the public accommodations provision of the Civil Rights Act (CRA), MCL 37.2302. A unanimous Court agrees that this provision prohibits unlawful discrimination against any individual, and not just members of the public. Having authored the opinion, obviously I agree with it. But I write separately because I believe that it is important to set forth additional reasons for the decision to which not all my colleagues adhere.
To start, I find frequent ambiguity in statutory language. I do not subscribe to the belief that “only a few [statutory] provisions are truly ambiguous.” Mayor of Lansing v Michigan Pub Service Comm, 470 Mich 154, 166; 680 NW2d 840 (2004). For various reasons,
Unlike mathematical symbols, the phrasing of a document, especially a complicated enactment, seldom attains more than approximate precision. If individual words are inexact symbols, with shifting variables, their configuration can hardly achieve invariant meaning or assured definiteness. Apart from the ambiguity inherent in its symbols, a statute suffers from dubieties. It is not an equation or a formula representing a clearly marked process, nor is it an expression of an individual thought to which is imparted the definiteness a single authorship can give. A statute is an instrument of government partaking of its practical purposes but also of its infirmities and limitations, of its awkward and groping efforts. [Frankfurter, Some reflections on the reading of statutes, 47 Colum L R 527, 528 (1947).]
Accordingly, rather than restraining myself to the text and “makfing] a fortress out of the dictionary,”
The canon of statutory construction that remedial statutes are to be liberally construed is deeply imbedded in American jurisprudence. Indeed, all 50 states
There is also support for our interpretation outside this jurisdiction. The language used in the CRA
In Menkowitz v Pottstown Mem Med Ctr,
C. OUR INTERPRETATION IS CONSISTENT WITH MICHIGAN LAW
Our conclusion is also consistent with existing Michigan caselaw. The fact that, in considering a similar issue, another Michigan court reached an analogous result gives us confidence that our interpretation of the statute is correct.
In Neal v Dep’t of Corrections, the plaintiffs were women inmates in Michigan Department of Corrections facilities who claimed they were victims of sexual harassment. Initially, the Court of Appeals ruled that the prisoners were not protected by the CRA because the prison did not furnish a service to its prisoners. Neal v Dep’t of Corrections, 230 Mich App 202, 209; 583 NW2d 249 (1998) (Neal 7). However, on rehearing, the Court of Appeals ruled that the prisoners were protected because the CRA does not preclude its application on the basis of a person’s status as a prisoner or inmate. Neal v Dep’t of Corrections (On Rehearing), 232 Mich App 730, 740; 592 NW2d 370 (1998) (Neal II). A special panel of the Court of Appeals affirmed the decision in Neal II in its opinion in Doe v Dep’t of Corrections, 240 Mich App 199; 611 NW2d 1 (2000). The special panel conceded that it
Neal arose in a different context. However, the argument advanced by the defendants in that case is the same one advanced by defendants here, that there is an inferred exclusion from the protection of the CRA. Neal I, 230 Mich App at 206. In Neal, the defendants claimed that penal institutions should be divided into a public side, where discrimination is prohibited, and a nonpublic side, where inmates are not protected. Id. In this case, according to defendants, discrimination is not allowed when hospitals are providing services to the public. But, they reason, as regards relationships with the hospitals’ physicians, the CRA does not prohibit discrimination. We reject this argument here just as the Court of Appeals did in Neal. The statute simply does not preclude its application on the basis of a person’s status.
D. LEGISLATIVE ACQUIESCENCE
Aside from the similarity of the arguments advanced, the Court of Appeals decision in Doe is persuasive for another reason. After the special panel’s decision, the Legislature amended the CRA specifically to exclude prisoners. When it did so, it had the opportunity to carve out a broader exclusion. However, it did not remove prisons as places of public service, nor did it engage in the artifice of dividing the institution into public and nonpublic areas. The Legislature simply removed prisoners from the protection of the act. It has made no further exclusion of persons or classes of persons from the CRA, nor has it given any indication of an intent to further restrict this remedial statute. Its
CONCLUSION
The language of the CRA clearly supports the decision in this case. I write separately to stress that the language is not the only consideration that courts should weigh in interpreting a statute. “[T]he purpose of construction is the ascertainment of meaning; nothing that is logically relevant should be excluded.” Stephen Breyer, Active Liberty (New York: Knopf, 2005), p 18, quoting Learned Hand, The Spirit of Liberty (New York: Knopf, 1960), p 109. Interpreting a statute involves a search for intent, and courts should be free to use all available interpretative tools in undertaking it. Here, each of the factors I have discussed is relevant to that search.
Cabell v Markham, 148 F2d 737, 739 (CA 2, 1945) (opinion by Hand, J.)
Justice Makkman writes a concurring opinion criticizing my approach to statutory analysis, suggesting it lacks discipline. The aids to statutory construction I use in my concurring opinion are among many that have been applied by the Michigan Supreme Court since long before either Justice Makkman or I was born. Almost every justice who has ever sat in this Court would be shocked to hear the statutory analysis I use depreciated as “language-avoidance ‘interpretative’ techniques.” I agree with Justice Makkman that aids to statutory analysis should not be misused and, I might add, that includes the “textualist” approach to which he so avidly subscribes.
See, e.g., Alabama: Austin v Alabama Check Cashers Ass’n, 936 So 2d 1014, 1026 (Ala, 2005). Alaska: DH Blattner & Sons v NM Rothschild & Sons, Ltd, 55 P3d 37, 47 (Alas, 2002). Arizona: Special Fund Div v Industrial Comm, 191 Ariz 149, 152; 953 P2d 541 (1998). Arkansas: Chicago Mill & Lumber Co v Smith, 228 Ark 876; 310 SW2d 803 (1958). California: Betancourt v Storke Housing Investors, 31 Cal 4th 1157; 82 P3d 286 (2003). Colorado: Christy v Ibarra, 826 P2d 361 (Colo App, 1991). Connecticut: Pereira v State, 228 Conn 535, 542; 637 A2d 392 (1994). Delaware: Vance v Irwin, 619 A2d 1163, 1164-1165 (Del, 1993). Florida: Joshua v City of Gainesville, 768 So 2d 432, 435 (Fla, 2000). Georgia: Mitchell v Wilkerson, 258 Ga 608, 610; 372 SE2d 432 (1988). Hawaii: Kalima v State, 111 Hawaii 84, 99; 137 P3d 990 (2006). Idaho: Page v McCain Foods, Inc, 141 Idaho 342, 346; 109 P3d 1084 (2005). Illinois: Grant Contracting Co v Murphy, 387 Ill 137, 143; 56 NE2d 313 (1944). Indiana: United Nat’l Ins Co v DePrizio, 705 NE2d 455, 459-460 (Ind, 1999). Iowa: TLC Home Health Care, LLC v Iowa Dep’t of Human Services, 638 NW2d 708, 714 (Iowa, 2002). Kansas: O’Donoghue v Farm Bureau Mut Ins Co, Inc, 275 Kan 430, 437; 66 P3d 822 (2003). Kentucky: City of Louisville v Slack, 39 SW3d 809, 815 (Ky, 2001). Louisiana: Jim Walter Homes, Inc v Guilbeau, 934 So 2d 239, 245 (La App, 2006). Maine: Bennett v Prawer, 2001 Me 172; 786 A2d 605 (2001). Maryland: Caffrey v Dep’t of Liquor Control, 370 Md 272, 306; 805 A2d 268 (2002). Massachusetts: Gasior v Massachusetts Gen Hosp, 446 Mass 645, 654; 846 NE2d 1133 (2006). Michigan: Eide v Kelsey-Hayes Co, 431 Mich 26, 36; 427 NW2d 488 (1988). Minnesota: Foley v Whelan, 219 Minn 209,213; 17 NW2d 367 (1945). Mississippi: Cahoon v Scarborough, 159 Miss 5, 10; 131 So 431 (1930). Missouri: Scheble v Missouri Clean Water Comm, 734 SW2d 541, 556 (Mo App, 1987). Montana: In re CH, 318 Mont 208, 214; 79 P3d 822 (2003). Nebraska: State v Kastle, 120 Neb 758, 772; 235 NW 458 (1931). Nevada: Virden v Smith, 46 Nev 208, 211; 210 P 129 (1922). New Hampshire: Newell v Moreau, 94 NH 439, 442; 55 A2d 476 (1947). New Jersey: Feldman v Hunterdon Radiological Assoc, 187 NJ 228, 239; 901 A2d 322 (2006). New Mexico: Mem Med Ctr v Tatsch Constr, Inc, 129 NM 677, 685; 12 P3d 431 (2000). New York: Rizzo v New York State Div of Housing & Community Renewal, 6 NY3d 104, 114; 843 NE2d 739 (2005). North Carolina: Nationwide Mut Ins Co v Lankford, 118 NC App 368, 376; 455 SE2d 484 (1995). North Dakota: Schaefer v Job Service North Dakota, 463 NW2d 665, 666 (ND, 1990). Ohio: Clark v Scarpelli, 91
See, e.g., First Circuit: Carew v Boston Elastic Fabric Co, 5 F Cas 56 (D Mass, 1871); United States, to Use and Benefit of Sargent Co v Century Indemnity Co, 9 F Supp 809 (D Me, 1935); Stevens v Bangor & Aroostook R Co, 97 F3d 595 (CA 1, 1996). Second Circuit: Imlay v Norwich & W R Co, 13 F Cas 1 (D Conn, 1858); Bossert Electric Constr Co v Pratt Chuck Co, 179 F 385 (CA 2, 1910); Pittston Stevedoring Corp v Dellaventura, 544 F2d 35 (CA 2, 1976); Rogers v Consolidated Rail Corp, 948 F2d 858 (CA 2, 1991); Travelers Ins Co v Carpenter, 411 F3d 323 (CA 2, 2005). Third Circuit: Sirkin v Phillips Colleges, Inc, 779 F Supp 751 (D NJ, 1991); Clarke v Unum Life Ins Co of America, 14 F Supp 2d 1351 (SD Ga, 1998). Fourth Circuit: Dorsey v Bowen, 828 F2d 246 (CA 4, 1987); Bass v City of Wilson, 835 F Supp 255 (ED NC, 1993). Fifth Circuit: Everett v Ribicoff, 200 F Supp 103 (ND Fla, 1961); Harris v Wal-Mart Stores, Inc, 205 F3d 847 (CA 5, 2000); Sixth Circuit: Jeter v Finch, 310 F Supp 1371 (ED Ky, 1970); Marshall v Davis, 517 F Supp 551 (WD Mich, 1981). Seventh Circuit: Smith v Packard, 98 F 793 (CA 7, 1900); Schweizer v Mager, 297 F 334 (ND Ill, 1924); Johnson v Runyon, 47 F3d 911 (CA 7, 1995); Eighth Circuit: Surrisi v Conwed Corp, 510 F2d 1088 (CA 7, 1975); Maune v IBEW, Local #1, Health & Welfare Fund, 83 F3d 959 (CA 8, 1996). Ninth Circuit: Mahroom v Hook, 563 F2d 1369 (CA 9, 1977); Smith v CMTAIAM Pension Trust, 746 F2d 587 (CA 9, 1984); Carson Harbor Village, Ltd v Unocal Corp, 270 F3d 863 (CA 9, 2001). Tenth Circuit: In re Dederick Herzig, 91 F2d 646 (CA 10, 1937); Sierra Club v Seaboard Farms Inc, 387 F3d 1167 (CA 10, 2004). Eleventh Circuit: Hellums v
The United States Supreme Court has used this canon in interpreting: the Securities and Exchange Act, 15 USC 78a et seq., Tcherepnin v Knight, 389 US 332, 336; 88 S Ct 548; 19 L Ed 2d 564 (1967); patent laws, Winans v Denmead, 56 US 330, 341; 14 L Ed 717 (1854); the federal Motor Carrier Act, 49 USC 306, McDonald v Thompson, 305 US 263, 266; 59 S Ct 176; 83 L Ed 164 (1938); revenue statutes, United States v Hodson, 77 US 395, 406; 19 L Ed 937 (1870); the Longshoremens and Harbors Act, 39 USC 900 et seq., Baltimore & Philadelphia Steamboat Co v Norton, 284 US 408, 414; 52 S Ct 187; 76 L Ed 366 (1932); the Fair Labor Standards Act, 42 USC 12101 et seq., Mitchell v Lublin, McGaughy & Assoc, 358 US 207, 211; 79 S Ct 260; 3 L Ed 2d 243 (1959); the Civil Rights Act, 42 USC 1983, Gomez v Toledo, 446 US 635, 639; 100 S Ct 1920; 64 L Ed 2d 572 (1980); the Americans with Disabilities Act, 42 USC 12101 et seq., PGA Tour, Inc v Martin, 532 US 661, 676; 121 S Ct 1879; 149 L Ed 2d 904 (2003); antitrust laws, Jefferson Co Pharmaceutical Ass’n, Inc v Abbott Laboratories, 460 US 150, 159; 103 S Ct 1011; 74 L Ed 2d 882 (1983); and the federal Employers’ Liability Act, 45 USC 51 et seq., Atchison T & S F R Co v Buell, 480 US 557, 562; 107 S Ct 1410; 94 L Ed 2d 563 (1987).
MCL 37.2302 provides in part:
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 or public service because of religion, race, color, national origin, age, sex, or marital status. [Emphasis added.]
42 USC 12182 (title III) provides:
(a) General rule. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
154 F3d 113 (CA 3, 1998).
Reference
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