Use of the township hall and other township facilities is under the complete control of the township board, which makes the rules and regulations governing such use. The following sections discuss different types of rules a board may wish to adopt regarding use of the township hall and other facilities.

Township Hall or Facility Use
By a religious organization for services
If a township allows the hall to be used by organizations within the township, it must provide for equal access and be open to use by all such groups, including religious ones.

There is a relevant U.S. Supreme Court decision in Windmar v Vincent, 454 U.S. 263, 1980. This case involved a university that had a policy to provide access to university facilities for meetings of registered student organizations except for organizations that had as a purpose “religious teaching or worship.” The Court held that, having created a forum generally open to student groups, the university could not exclude a group based on “content” because state regulation of speech should be “content-neutral.” Further, the Court stated that an “equal access” policy will not offend the Establishment [of religion] Clause of the Constitution as long as the purpose of access is secular in nature; the primary effect would neither advance nor inhibit religion; and it would not foster an “excessive government entanglement with religion.”

By non-residents
The “equal access” policy does not prohibit the township from establishing distinctions between groups not of the same class when such distinctions are legal and reasonable. For example, it is MTA Legal Counsel’s opinion that a township may lawfully decide that it will not rent the township hall to non-township residents or groups not having any township residents.

For bingo games, or other charitable gaming
The township hall may be used by private individuals or organizations for a licensed bingo game or other charitable gaming. All charitable gaming is licensed by the Charitable Gaming Division of the Michigan Lottery. For more information, visit the Lottery’s Web pages at: www.michigan.gov/cg.

Fees, Deposits and Free Use of Hall
A township may charge deposits and fees for use of a township hall or other facility. A township may also allow use of a township hall or other facility free-of-charge.

Rental fees or use charges can be made part of the conditions for rental, but they must apply uniformly and cannot be discriminatory. The same rates should apply to all groups. Additionally, a deposit requirement must be uniformly applied and not distinguished among groups of users.

If a township requires a deposit and charges a rental fee for township resident private users of the hall, the township should also apply the same deposit and rental fee requirements to services groups, including church groups.

The township may set a non-discriminatory rate schedule that is based on rational distinctions, such as the amount of time the hall will be used or if the hall is going to be used to serve food.

It would be legal for a township to allow service organizations to use the township hall or other facility for free if the township also allows use private individuals to use the hall or facility for free.

Service organizations
It is MTA Legal Counsel’s opinion that a distinction between use by service groups and use by private individuals is not valid and does not justify free use for services organizations while requiring payment for use by individuals.

Just because a group may be a service organization, it does not lawfully have the right to receive special treatment by the township through use of the township hall free of charge. Allowing service organizations to use the township hall for free is tantamount to the unlawful donation of township property to such a group.

There is no statutory authority authorizing a township to provide even recognized beneficial organizations with free benefits that are not offered to all other township residents.

A township can make a reasonable and legal distinction allowing the township hall to be used by governments under different rules and conditions (i.e. for free or at a discounted rate). The township can allow government meeting and activities through an intergovernmental agreement.

Township Liability
When leasing the township hall or other township facilities, careful steps must be taken to protect the liability of the township.

Under Michigan law, a township is generally immune from tort liability when engaged in a governmental function (MCL 691.1407). Such immunity does not apply to bodily injury or property damage suits arising out of the performance of a proprietary function; that is, an activity conducted primarily for profit and not part of the usual governmental functions.

Defects in buildings
For injuries occurring in township buildings resulting from defects, Michigan statutes make some attempt to limit the liability of the municipality for injuries resulting from the defect. For "new" defects of which the township has no knowledge (where it has not been readily apparent to an ordinarily observant person for a period of 90 days or longer before the injury took place), there is no liability under MCL 691.1406. However, the courts have not upheld this distinction and have held a municipality liable for injuries resulting from defects in buildings when the building is being rented for private uses.

Liquor law violations
MCL 436.1913 provides that no person shall lease premises to another which premises are not licensed under the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, MCL 436.1101, et seq., and where persons may engage in the drinking of alcoholic liquor for any consideration. This law does not prohibit private parties or organizational meetings at which alcoholic beverages are served if no fee is charged or other consideration paid. Stated in the affirmative, the township board may rent the hall to an organization or a private party that serves alcoholic beverages to its guests, providing that the alcoholic beverages are served by the organization or private party without fee or charge of any kind.

In addition, if alcohol is served by the party renting the township hall, then the township might be held liable under MCL 436.1801, which provides that “an individual who suffers damage or who is personally injured by a minor or visibly intoxicated person by reason of the unlawful selling, giving, or furnishing of alcoholic liquor to the minor or visibly intoxicated person, if the unlawful sale is proven to be a proximate cause of the damage, injury, or death, or the spouse, child, parent, or guardian of that individual, shall have a right of action in his or her name against the person who by selling, giving, or furnishing the alcoholic liquor has caused or contributed to the intoxication of the person or who has caused or contributed to the damage, injury, or death.” Since the social occasion is not a governmental function, the township, as owner of the hall, could be considered liable for selling, giving or furnishing liquor resulting in the intoxication, even though done by a lessee or other person using the hall.

Alcohol in public parks
If the township hall or any building or facility being rented or leased is located in a public park, whether the lessee may serve alcoholic liquor will depend on whether the township has an ordinance or resolution prohibiting the possession or consumption of alcoholic liquor in public parks. (MCL 436.1915)

Liability insurance
The only way that the township can fully protect itself in this regard is to have complete liability insurance protecting the township for injuries or damages sustained by any person resulting from the use of the township hall and its environs. Also, the township should obtain a policy of insurance, commonly referred to as “Host Liquor Liability Insurance,” which would provide coverage for damages and injuries arising out of a lessee’s serving of alcoholic beverages at the township hall.

The township board should include a requirement within its lease agreement that the persons using the hall provide the township with an insurance policy prior to the event, and that the lessee is responsible for ensuring that liquor is not being served to minors.

Regulating Campaign Materials on Township Property
Section 57 of the Michigan Campaign Finance Act, MCL 169.257, prohibits the use of township property to expressly advocate voting for or against a candidate or ballot question.

On Election Day, Michigan Election Law prohibits campaign materials and campaigning within 100 feet of the entrance to any polling place (MCLs 168.744 and 168.931).

May a township regulate materials and campaigning outside of the 100-foot limit on township property on Election Day? Yes. As long as the policy is equally and consistently applied, a township board may adopt a policy that it will remove unattended campaign signs or other materials from township property outside of the 100-foot limit on Election Day. Or, a board may adopt a policy that it will not “police” its property on Election Day because township officials and employees are busy administering the election. Or, a board may adopt a policy that it will allow unattended campaign materials to be placed in a specific spot on township property on Election Day. A township may also regulate vehicle or other use of the township’s parking lot.