DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

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.

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