Starkman

Starkman v. Mann Theatres Corp.

Good Law
1991 Cal. App. LEXIS 189·227 Cal. App. 3d 1491·278 Cal. Rptr. 543·91 Daily Journal DAR 2436·91 Cal. Daily Op. Serv. 1494
Court of Appeal of CaliforniaFebruary 27, 1991B047058California3,437 words

Opinion

Opinion

Ashby, J.

For decades, Americans have gone to the movies expecting popcorn and discount tickets for senior citizens and children. This suit challenges a theater’s right to offer these price discounts.

Facts

Plaintiff Isaac Starkman went with his wife and two children to the Mann’s National Theatre in Westwood, California, owned by defendant Mann Theatres Corporation. Plaintiff paid the $6 general admission price for his ticket as he did not qualify for either the senior citizen discount (60 years and older) or the discount for children (12 years of age or under).

Plaintiff brought this suit alleging the theater’s pricing policy denied him equal protection under the Unruh Civil Rights Act. (Civ. Code, § 51.) Thereafter, defendant brought a motion for summary adjudication of issues alleging the price discounts did not violate the Unruh Civil Rights Act. Defendant supported its motion with a declaration from its director of operations. The director stated that defendant, in a prior corporate form, had offered discounts to children and senior citizens since the early 1920’s; that these discounts were a uniform fixture in the motion picture industry as well as other public amusement…

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