Spiegel & Utrera, P.A. Newsletter - Volume X: Issue XI
 
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Refusal To Give African-American Man Change Actionable 

A bank could be sued under the Civil Rights Act for refusing to provide an African-American man change for a $100 bill, a Court has ruled. The Plaintiff entered a bank and requested change for a $100 bill. He was refused on the ground that he wasn�t an account holder. The next day, the Plaintiff�s father asked a white friend to make the same request from the bank. A teller gave the friend the change without inquiring as to whether he held an account. A few minutes later, the Plaintiff reentered the bank, asking for change for a $100 bill. Again he was informed he would not be given change unless he was an account holder. The Plaintiff subsequently sued the bank alleging �racial discrimination in the impairment of the ability to contract.� The Court allowed the case to continue citing a violation of the Civil Rights Law and stated that it is established law when a merchant denies service or outright refuses to engage in business with a customer attempting to contract with the merchant because of the customer�s race. The Court rejected the Defendant�s claim that no �contract� was involved here. The transaction proposed by the Plaintiff was a contract of exchange; the Plaintiff would give up something of value (a large-denomination bill) in exchange for something he valued more (smaller denomination bills).

  
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