Rolon v. Kulwitzky

Opinion

KINGSLEY, J.

Plaintiffs appeal from an order denying a preliminary injunction in an action for unlawful discrimination. We reverse.

Plaintiffs, two lesbian women, were refused service in a semiprivate booth at a restaurant owned and operated by defendant. They were offered service at a table in the main dining room of the restaurant.

It is admitted that the restaurant had, and has, a policy of allowing seating in these booths only by two people of opposite sex; two men, or a couple with children, were not served in the booths.

Section 51 of the Civil Code provides as follows: “This section shall be known, and may be cited, as the Unruh Civil Rights Act.

[291]

“All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, or national origin are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

“This section shall not be construed to confer any right or privilege on a person which is conditioned or limited by law or which is applicable alike to persons of every sex, color, race, religion, ancestry, or national origin.”

Chapter IV, article 12, of the Los Angeles Municipal Code does apply to discrimination between hetero and homosexuals. Subdivision 4 of section 49.71 of that article provides: “Sexual Orientation. As used in this ordinance, the term ‘sexual orientation’ shall mean an individual having or manifesting an emotional or physical attachment to another consenting adult person or persons, or having or manifesting a preference for such attachment, or having or projecting a self-image not associated with one’s biological maleness or one’s biological femaleness.”

Subdivision 1 of subsection (a) of section 49.74 provides: “Business Practices Generally. It shall be an unlawful business practice for any person to deny any individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment on the basis (in whole and in part) of such individual’s sexual orientation.”