Civil Rights
The Unruh Civil Rights Act (C-C Section 51 et seq) provides that “All
persons within the jurisdiction of this state are free and equal, and
no matter what their sex, race, color, religion, ancestry, national
origin or blindness or other physical disability are entitled to the
full and equal accommodations, advantages, facilities, privileges or
services in all business establishments of every kind whatsoever.”
Any person whose exercise or enjoyment of rights secured by the
Constitution or laws of the United States has been interfered with, or
attempted to be interfered with may institute and prosecute a civil
action for injunctive and other appropriate equitable relief,
including the award of compensatory monetary damages. The Supreme
Court ruled in the case of Cohen V. California 403 US 15 (1971) that
individuals have the constitutional right under the First Amendment to
wear clothing which displays writing or designs.
In addition, the right of an individual to freedom of association has
long been recognized and protected by the United States Supreme Court
Thus, a person’s right to wear the clothing of his choice, as well as
his right to belong to any club or organization of his choice is
constitutionally protected and persons or establishments who
discriminate on the basis of clothing or club membership are subject
to lawsuit.
