BLAW140 Civil Rights Act of 1964

FOR THIS WEEK’S DISCUSSION

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Let’s consider a hypothetical scenario for a business. Suppose The Holiday Restaurant near I-80 in Des Moines, Iowa, has a sign at their entrance that reads: “We reserve the right to refuse service to any Muslim or person of Middle Eastern descent.” Suppose also that the restaurant is very popular to local residents, and that only 40 percent of its patrons are travelers on I-80.

  1. Why would Congress have power under the Civil Rights Act of 1964Links to an external site. to require restaurants and hotels not to discriminate against interstate travelers on the basis of race, color, sex, religion, or national origin?
  2. Are the owners of the Holiday Restaurant in violation of the Civil Rights Act of 1964?
  3. What would happen if the owners resisted enforcement by claiming that Title II of the act (relating to “public accommodations” such as hotels, motels, and restaurants) was unconstitutional?
  4. Would your analysis change if the sign read “we reserve the right to refuse service to any homosexual person for religious reasons?”

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