Frizell Clegg v. Cult Awareness Network Cult Awareness Network, Los Angeles Chapter Cynthia Kisser Priscilla Coates

Good Law
18 F.3d 752·94 Daily Journal DAR 3128·1994 WL 68422·1994 U.S. App. LEXIS 4103·94 Cal. Daily Op. Serv. 1743
United States Court of Appeals for the Ninth CircuitMarch 9, 199492-56066California2,398 words

Opinion

Opinion

Thompson, J.

Frizell Clegg sued the Cult Awareness Network, alleging discrimination on the basis of race and religion in violation of Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a (1988). This statute prohibits discrimination in places of public accommodation. The district court concluded Cult Awareness was not a place of public accommodation within the meaning of the statute, and dismissed Clegg’s federal civil rights claim with prejudice and without leave to amend pursuant to Federal Rule of Civil Procedure 12(b)(6). The court also dismissed, without prejudice, Clegg’s pendent state claim under the Unruh Civil Rights Act (Cal.Civ.Code § 51 et seq.).

In this appeal, Clegg challenges only the district court’s dismissal of his federal claim. He does not challenge the propriety of the dismissal of that claim without leave to amend.

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. The allegations of Clegg’s complaint do not tend to show that Cult Awareness is a place, establishment, lodging or facility open to the public, or that it is an organization which provides access to an otherwise public place, within the meaning of 42 U.S.C. § 2000a.

FACTS

Clegg is an…

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