Perkins v. New Orleans Athletic Club

ALVIN B. RUBIN, District Judge.

There remain three final issues in this case:

I. APPLICABILITY OF SECTION 1981

The plaintiff, who is black, contends that 42 U.S.C. Section 1981, which guarantees the right of any person to make and enforce contracts on the same basis as white persons, requires the NOAC to admit him to membership and thus to contract with him. This issue was left open pending the Supreme Court’s decision in Runyon v. McCrary, 1976, 427 U.S. 160, 96 S.Ct. 2586, 49 L.Ed.2d 415.

Runyon v. McCrary dealt with the applicability of Section 1981 to private, commercial schools. In its…