Ollie's Barbecue was a restaurant in Birmingham, Alabama, owned by McClung. It had 220 seats for white customers. Although most employees were black, black customers were allowed to buy food only at a take-out window.
The Department of Justice (Attorney General Katzenbach) sued the restaurant for violating Title II of the 1964 Civil Rights Act, which prohibits racial segregation in places of public accommodation. This includes restaurants that offer "to serve interstate travelers [if] a substantial portion of the food which it serves.has moved in interstate commerce." McClung contended that since his customers were local, not traveling interstate, he should be exempt from the law. The government noted that half of the food McClung bought came from out of state, which was enough to make the business interstate.

1. Might the Court have found that the Civil Rights Act did not apply to a local restaurant if the restaurant could show that all of its food was produced in the state?
2. Suppose evidence showed that when restaurants were required to integrate, they often closed their doors and refused to do more business.
Does this go against the argument that the law improves interstate commerce?