96 Cal. Daily Op. Serv. 4026, 96 Daily Journal D.A.R. 6499 United States of America v. Jeremy Baird Gary Flores Jason Jordan Aaron Phillips Timothy Reasons

85 F.3d 450 96 Cal. Daily Op. Serv. 4026 , 96 Daily Journal D.A.R. 6499 UNITED STATES of America, Plaintiff-Appellant, v. Jeremy BAIRD; Gary Flores; Jason Jordan; Aaron Phillips; Timothy Reasons, Defendants-Appellees. No. 94-10494. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 12, 1995. Decided June 5, 1996. Quin Denvir, Sacramento, California, for defendants-appellees. Charles J. Stevens, United States Attorney, Sacramento, California, for plaintiff-appellant. Appeal from the United States District Court for the Eastern District of California, William B. Shubb, District Judge, Presiding. D.C. No. CR-94-00162-WBS. Before GOODWIN, FARRIS and KLEINFELD, Circuit Judges. KLEINFELD, Circuit Judge: 1 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 2 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…