exclusion and access

Question 1

Federal public accommodations statutes: what are the elements of a claim that someone has violated the section the federal public accomodations statute?

Answer 1

the plaintiff must allege (and, to win, prove) that the defendant:
1. committed discrimination;
2. On the ground of one of the protected categories (race, religion, or national origin);
3. In access to a “place of public accommodation”
- To constitute a “place of public accommodation,” a business must
- fit into the list of facilities named(or implied?);
- “serve the public” and not constitute a “private establishment..not in fact open to the public;” and
- Either “affect commerce” or be “supported by state action.”

Question 2

Justifying special obligations on innkeepers and common carriers.

Answer 2

• inns and common carriers were more likely to be monopolies than other businesses
• These businesses provide necessities whose denial would place individuals in risk from the elements or bandits on the high way
• Innkeepers and common carriers hold themselves out as ready to serve the public and the public relies on this representation