Legal Opinion

Mark W. Stearnes v. Baur's Opera House, Incorporated, Doing Business as Baur's Opera House, a Delaware Corporation

Court of Appeals for the Seventh Circuit

Decided November 15, 1993No. 92-2196PublishedCited by 48 opinions

1Opinion of the Court

BAUER, Chief Judge.

Does the Civil Rights Act of 1964, 42 U.S.C. § 2000a, guarantee a particular type or, better yet, “color” of music? Mark Stearnes asks us to answer this question. Specifically, Stearnes sued Baur’s Opera House for alleged violations of his federal civil rights and Illinois law. Stearnes claims that Baur’s engaged in a pattern or practice of racial discrimination by playing music that he and other black persons would not find appealing with the deliberate purpose of driving black customers from the premises. The district court granted Baur’s motion for summary judgment, and…

2Cases cited5 opinions

  1. Mitchell v. MaurerSupreme Court of the United States · 1934
  2. Patricia M. Krueger, and American States Insurance Company, Intervening v. James S. CartwrightCourt of Appeals for the Seventh Circuit · 1993
  3. Ella Hornick v. Ruth Noyes, and Ella Hornick v. Young Women's Christian Association of Madison, Wisconsin, Inc.Court of Appeals for the Seventh Circuit · 1983
  4. Robert Harris and Pilar Harris, His Wife v. Paul EricsonCourt of Appeals for the Tenth Circuit · 1972
  5. Stearnes v. Baur's Opera House, Inc.District Court, C.D. Illinois · 1992

3Cited by48 opinions

  1. Anthony W. Cvelbar v. Cbi Illinois IncorporatedCourt of Appeals for the Seventh Circuit · 1997
  2. Phillips v. Interstate Hotels Corp.Tennessee Supreme Court · 1998
  3. United States v. Mitchell S. JanikCourt of Appeals for the Seventh Circuit · 1994
  4. Frank Bilello v. Kum & Go, LLC Krause Gentle CorporationCourt of Appeals for the Eighth Circuit · 2004
  5. Hill v. Shell Oil Co.District Court, N.D. Illinois · 1999

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