Rolon

Plaintiffs appeal from an order denying a preliminary injunction in an action for unlawful discrimination. We reverse.

Plaintiffs, two lesbian women, were refused service in a semiprivate booth at a restaurant owned and operated by defendant. They were offered service at a table in the main dining room of the restaurant.

It is admitted that the restaurant had, and has, a policy of allowing seating in these booths only by two people of opposite sex; two men, or a couple with children, were not served in the booths.

Section 51 of the Civil Code provides as follows: “This section shall be known, and may be cited, as the Unruh Civil Rights Act.

“All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, or national origin are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

“This section shall not be construed to confer any right or privilege on a person which is conditioned or limited by law or which is applicable alike to persons of every sex, color, race, religion, ancestry, or national…