White

BACKGROUND

A.

The Act provides: “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation,

Undesignated statutory references are to the Civil Code. 1 citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments.” (§ 51, subd. (b).) Our Supreme Court has held that the explicitly identified bases of discrimination—sex, race, religion, etc.—are merely illustrative, not exclusive. (Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824, 839 (Koebke).)

B.

Block offers an internet service that allows individuals and businesses to accept credit card payments without directly opening their own merchant account with a Visa or MasterCard member bank. Block’s terms of service state that when a user creates an account, the user agrees to “ ‘not accept payments in connection with the following businesses or business activities: (1) any illegal activity or goods, . . . (3) credit…