Fourth Circuit issues Title II and Section 1981 Opinion

In DENNY v. ELIZABETH ARDEN SALONS, the Fourth Circuit dealt with the District Court's grant of summary judgment in favor of Elizabeth Arden Salons on Title II and Section 1981 claims. At base, the Salon refused to style Denny's hair because they "didn't do black people's hair."

Title II entitles individuals "to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation . . . without discrimination or segregation on the ground of race, color, religion, or national origin." The following are listed as places of public accommodation: (1) hotels, (2) restaurants and(3) "place[s] of exhibition or entertainment." The Fourth Circuit held that a hair salon does not fall within the statute and thus no Title II claim could be brought.

Plaintiff also brought a section 1981 claims which provides that all citizens have the right to make contracts the same as white citizens. On this claim, the Fourth Circuit reversed the district court's grant of summary judgment. According to the Court:

In fact, it is hard to imagine plainer evidence of purposeful discrimination than when services are denied expressly because the purchaser is African American. When Seandria Denny arrived to pay for her mother' s hair coloring, the receptionist explained that the salon did not "do black people' s hair." Denny also alleges that Chelsey Orth, the salon's manager, confirmed this view from management's perspective. Orth further explained that each and every one of the eight or nine hair stylists present refused to work on Jean Denny's hair. While there may be a more benign explanation for the salon's refusal to fully serve plaintiffs, the receptionist's overt racial explanation creates a triable dispute.