Case Briefs- Civil and Constitutional Law Part 2

Roe sued wade the dallas county da claiming that the

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Unformatted text preview: ister v. Boys’ Club of Santa Cruz Unruh Civil Rights act guarantees every person in California full and equal access to all business establishments of every kind whatsoever. This state’s law has long prohibited arbitrary discrimination in places of public accommodation or amusement. The facility operated by the Boys’ Club comes within the scope of that principle: its recreational facilities are open to the community generally but closed to members of a particular group. The Club’s status as a business establishment arises form its public nature: it offers basic recreational facilities to a broad segment of the population. Nothing in the analysis necessarily extends to organizations which operate facilities not generally open to the public, or which maintain objectives and programs to which the operation of facilities is merely incidental. Nor does the holding apply to organizations which can demonstrate a compelling need to maintain single- sex facilities. The Legislature can make laws amending the Act to allow the Boys’ Club to maintain its male- only policy. Curran v. Mount Diablo Council of the Boy Scouts of America Boys Scouts does not fall within business establishments. It’s primary function is not to operate a recreational facility for use on a drop- in basis. The circumstance that the Boy Scouts is generally nonselective in its admission and affords membership to a large segment of the public, is itself sufficient to demonstrate that the organization reasonably can be characterized as the functional equivalent of a traditional place of public accommodation or amusement. Boy Scouts is an organization whose primary function is in the...
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