As noted in Atty Gen. Op. No. 89-IO06, which dealt with the same issues relating to 6 Del. C. ch. 46 (housing discrimination), the Commission is a creature of statute. It has such powers as are specifically enumerated or necessarily implied from the enabling statute. Maxwell v. Vetter, Del. Super., 311 A.2d 864 (1973); Wilmington Vitamin and Cosmetic Corp. v. Tigue, Del. Super., 183 A.2d 731 (1967). The Commission's authority should be construed so as to effectuate the legislative intent. Atlantis I Condominium Ass'n v. Bryson, Del. Super., 403 A.2d 711, 713 (1979).
The purpose of 6 Del. C. ch. 45, entitled "Equal Accommodations," is to eliminate discrimination with regard to defined places of public accommodation. It is expressly intended that the chapter be "liberally construed" to "effectively safeguard" all persons' rights to full and equal accommodations. 6 Del. C. § 4502.
The provisions of this chapter were interpreted two years after the issuance of Atty Gen. Op. No. 89-IO06, in Miller v. Spicer, Del. Supr., 602 A.2d 65 (1991). The plaintiff there sought to bring a private cause of action in U.S. District Court based upon this statute. The federal court certified to the