TRAVERSE CITY, Mich. – The state of Michigan is requesting to dismiss claims filed by a Traverse City hair salon against the Michigan Department of Civil Rights (MDCR) based on lack of jurisdiction.
In the summer of 2023, a Traverse City salon owner posted on social media that anyone who identifies other than a man or a woman is not welcome at her salon.
The owner of Studio 8 Hair Lab wrote on the salon’s Facebook page: “If a human identifies as anything other than a man/woman please seek services at a local pet groomer. You are not welcome at this salon. Period. Should you request to have a particular pronoun used please note we may simply refer to you as ‘hey you.’”
Geiger told the Associated Press that her statements weren’t related to the U.S. Supreme Court’s June 30 ruling that a Christian graphic artist who wanted to design wedding websites can refuse to work with same-sex couples, but she did say that she agreed with the decision.
That summer, the city said it was looking into whether the salon owner was violating a municipal anti-discrimination ordinance with her posts. City attorney Lauren Trible-Laucht told the Associated Press that she would investigate complaints against the salon.
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Following the social media posts, multiple residents filed complaints of discrimination against the salon with the MDCR. Following those complaints Studio 8 filed a lawsuit in the Grand Traverse Circuit Court against Traverse City and the residents who filed complaints. The lawsuit seeks to challenge the constitutionality of the Elliott-Larsen Civil Rights Act (ELCRA).
The ELCRA was originally passed in 1976. It prohibits discrimination in public accommodations, which includes businesses that offer goods or services to the public. Those businesses are not to discriminate based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status.
On March 16, 2023, Michigan Gov. Gretchen Whitmer signed legislation expanding the ELCRA to include legal protections for sexual orientation and gender identity and expression. The Michigan Department of Attorney General said that a business does not have to deny someone services on the basis of their sexual orientation, gender identity or expression to be in violation of the law.
The ELCRA prohibits a person from publishing a statement, advertisement, notice, or sign that services will be refused or denied to anyone based on a protected status.
Print, circulate, post, mail, or otherwise cause to be published a statement, advertisement, notice, or sign that indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service will be refused, withheld from, or denied an individual because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status, or that an individual’s patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status.
Senate Bill 0004 (2023)
On Tuesday, Feb. 20, 2024, the Michigan Department of Attorney General filed a motion to dismiss claims filed by Studio 8 Hair Lab against the MDCR. The state argues that the Circuit Court is not the correct venue for this legal challenge, and that this is a case for the Michigan Court of Claims. The state wants the claims dismissed based on lack of jurisdiction.
“Under Michigan law, religious freedoms are taken into consideration under the Elliott-Larsen Civil Rights Act when assessing discrimination claims. Our state’s residents can rest assured that Michigan’s recently enacted protections for the LGBTQ+ community will be enforced to the fullest extent as the constitution permits,” said Michigan Attorney General Dana Nessel. “The Circuit Court has no discretion but to dismiss Studio 8′s claims against the Michigan Department of Civil Rights.”
According to the AG, Studio 8 is seeking to challenge the constitutionality of the ELCRA’s protections, arguing that the new protections violate free speech and religious freedoms. The attorney general also said that Studio 8 is using the case in an effort to “derail the MDCR’s administrative proceedings,” by adding the MDCR as a party to the circuit court filing after a charge of discrimination was issued against Studio 8 in November 2023.
“Studio 8′s owner has shown she has little regard for the civil rights protections enshrined in the Elliott-Larsen Civil Rights Act,” said John E. Johnson, Jr., Executive Director of the Michigan Department of Civil Rights. “While the First Amendment and the ELCRA incorporate religious freedoms, the posts made by Studio 8 fall outside these protections. Her blatant violation of the law cannot be allowed to continue without consequence. We are fortunate to have an Attorney General who is committed to defending civil rights whenever and wherever they are under threat.”
The circuit court is expected to hear the motion sometime in the coming weeks.
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