Prior to passage of title ii of the civil rights act the


The Heart of Atlanta Motel, which has 216 rooms avail- able to transient guests, is located on Courtland Street, two blocks from downtown Peachtree Street in Atlanta, Georgia. It is readily accessible to interstate highways 75 and 85 and state highways 23 and 41. The motel adver- tises outside Georgia through various national advertis- ing media, including magazines of national circulation; it maintains over 50 billboards and highway signs within the state, soliciting patronage for the motel; it accepts con- vention trade from outside Georgia; and approximately 75 percent of its registered guests are from out of state.

Prior to passage of Title II of the Civil Rights Act, the motel had followed a practice of refusing to rent rooms to Negroes, and it alleged that it intended to continue to do so. The motel filed suit, challenging Congress for passing this act in excess of its power to regulate commerce under Article I, Section 8, Part 3 of the Constitution of the United States.

Section 201 of Title II provides: "All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommo- dations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin."

Is Title II of the Civil Rights Act constitutional? Is this case different from Ollie's Barbecue? from Morrison? [Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964).]

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Dissertation: Prior to passage of title ii of the civil rights act the
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