Constitutional Law Keyed to Cohen
Moose Lodge No. 107 v. Irvis
Appellee, an African-American who was a guest of a Caucasian member of the Lodge, requested food and beverage service, and was refused service by Appellant because of his race. Appellant is a local chapter of a national fraternal organization having well defined requirements for membership, and allows guests only if invited by a member or by the house committee. Following this incident Appellee brought this action under 42 U.S.C. Section: 1983 for injunctive relief in the United States District Court for the Middle District of Pennsylvania. Appellee claims that because the Pennsylvania liquor board had issued Appellant a private club license that authorized the sale of alcoholic beverages on the premises of Appellant, that the state action requirement is satisfied. Appellee named both appellant and the Pennsylvania liquor board as Defendants seeking an injunction that would revoke Appellant’s liquor license as long as it continues its discriminatory practices. The district court agre ed with Appellee and revoked Appellant’s liquor license as long as it follows a policy of racial discrimination
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