Question

Why would Congress have power under the Civil Rights Act of 1964 to require restaurants and hotels to not discriminate against interstate travelers on the basis of race, color, sex, religion, or national origin? Suppose the Holiday Restaurant near I-80 in Des Moines, Iowa, has a sign that says, “We reserve the right to refuse service to any Muslim or person of Middle Eastern descent.” Suppose also that the restaurant is very popular locally and that only 40 percent of its patrons are travelers on I-80.

Are the owners of the Holiday Restaurant in violation of the Civil Rights Act of 1964?

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?

Would your analysis change if the sign read “we reserve the right to refuse service to any homosexual for religious reasons?”

Answer 1

The Congress would have power under the Civil Rights Act of 1964 to require restaurants and hotels to not discriminate against interstate travelers on the basis of race, color, sex, religion, or national origin under the Article One (section 8) of the act. Congress has a duty and the responsibility to guarantee as well as provide equal protection to all citizens as per the provisions of the Civil Rights Act of 1964 as well as per the provisions of the Fourteenth Amendment.

Yes, the owners of the Holiday Restaurant will be in violation of the Civil Rights Act of 1964. This is because provisions of Title II and section 201(a) of the act do not allow any form of discrimination in places of public accommodation. In such places all people are entitled to avail the services in full and without any discrimination, regardless of their race, color, and religion.

If the owners will resist the enforcement then they will have to file with the Supreme Court. The Supreme Court will then determine the constitutionality of the mandate. The Supreme Court will consider the legislative power of the Congress in the context of Title II and will determine its verdict accordingly.

Yes, my analysis will change if the sign read “we reserve the right to refuse service to any homosexual for religious reasons. This is because in such a case there is no discrimination that is based on race, color, sex, religion, or national origin. The issue here is sexual orientation and this is not a part of Title II.