BRAUN v. SWISTON


72 Misc.2d 661 (1972)

Michael Braun, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. John Swiston, Doing Business as Swiston's Beef & Keg Restaurant, Defendant.

Supreme Court, Erie County.

November 27, 1972


Attorney(s) appearing for the Case

David Gerald Jay for plaintiff. John J. Ponterio for defendant.


FRANK J. KRONENBERG, J.

Defendant operates a restaurant and barrom, located in the City of Tonawanda, New York, and as such, it is open to the public. In the past few years, he has evolved a policy of refusing to serve long-haired male customers, presumably on the basis that such service would in some way jeopardize his liquor license. Plaintiffs are a class of persons, male, with long hair, who have been refused...

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