Baird

The question in this case is whether the presence of electronic video games turns a convenience store into a “public accommodation” under the Civil Rights Act of 1964. 42 U.S.C. § 2000a(b)(3). We conclude that it does.

FACTS

Several alleged white supremacists were indicted for beating two men, one black and one Hispanic, in the parking lot of a 7-11 store. The indictment was federal, for conspiracy to violate civil rights under 18 U.S.C. § 241 , and interference with federally protected activities under 18 U.S.C. § 245 (b)(2)(F). Thus, rather than being a state assault case, this was prosecuted as a civil rights case. The parties agree that an element of both counts is whether the 7-11 store is a “public accommodation” under 42 U.S.C. § 2000a, and that the government must prove that it is beyond a reasonable doubt. The parties stipulated that the court should decide as a matter of law, prior to jury trial, whether the store was a public accommodation. The court decided that it was not, so granted defendant’s motion to dismiss. The government appeals. The issue, as framed by the parties, is whether the 7-11 was a “place of ... entertainment” under 42 U.S.C. § 2000a(b)(3), and…