Ollies Barbecue is a family-owned restaurant in Birmingham, Alabama, specializing in barbecued meats and homemade pies, with

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Ollie’s Barbecue is a family-owned restaurant in Birmingham, Alabama, specializing in barbecued meats and homemade pies, with a seating capacity of 220 customers. It is located on a state highway that is 11 blocks from an interstate highway and close to railroad and bus stations. The restaurant caters to a family and white-collar trade, with a takeout service for “ Negroes.” (Note: The court uses this term in the opinion on the case.) In the year before Congress passed the Civil Rights Act ( which prohibits businesses from refusing to serve customers on the basis of race), the restaurant purchased locally approximately $ 150,000 worth of food, $ 69,683 ( or 46 percent) of which was meat that it bought from a local supplier who had procured it from outside the state. Ollie’s has refused to “serve Negroes” in its dining accommodations since its opening in 1927, and since July 2, 1964, it has been operating in violation of the Civil Rights Act. A lower court concluded that if Ollie’s were required to serve Negroes, it would lose a substantial amount of business. The lower court found that the Civil Rights Act did not apply because Ollie’s was not involved in “interstate commerce.” Does the Civil Rights Act apply to Ollie’s, or is the restaurant’s serving policy unconstitutional?
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