Gatto

Gatto v. County of Sonoma

Bad Law
120 Cal. Rptr. 2d 550·2002 Cal. App. LEXIS 4144·2002 Daily Journal DAR 5685·98 Cal. App. 4th 744·2002 Cal. Daily Op. Serv. 4466
Court of Appeal of CaliforniaMay 23, 2002A094976California14,723 words

Opinion

Opinion

Kline, J.

Respondent Stephen Gatto was ejected from the Sonoma County Fair (Fair) for refusing to remove a vest he was wearing that bore insignia of the Hell’s Angels Motorcycle Club. He commenced this litigation against Sonoma County, Sonoma County Fair and Exposition, Inc., which operates the Fair under contract with the county (collectively appellants), and others involved in the running of the Fair, alleging that enforcement of the Fair’s dress code policy denied him rights guaranteed under the Unruh Civil Rights Act (Civ. Code, § 51) and article I, section 2 of the California Constitution, which is enforceable through a civil action for damages under section 52.1, subdivision (b).

Determining that Gatto’s claims were not time-barred, that he was denied equal access to accommodations in violation of the Unruh Civil Rights Act, and that the dress code was unconstitutional, the trial court denied appellants’ motion for judgment on the pleadings and entered judgment awarding Gatto damages and attorney fees.

We shall reverse in part and affirm in part. Enforcement of the dress code did not deprive Gatto of full and equal access to accommodations in violation of the Unruh Civil…

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