Spiegel & Utrera, P.A. Newsletter - Volume X: Issue XI Information, Guidance, Counsel, Corporations, Limited Liability Companies & more!
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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