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UNITED STATES v. DeROSIER

No. 72-1039.

473 F.2d 749 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. William DeROSIER and Mildred DeRosier, d/b/a Northwood Bar, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 12, 1973.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Miami, Fla., Peter Mear, Gerald W. Jones, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

J. Luther Drew, West Palm Beach, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The question involved on this appeal is whether an establishment, characterized as a "neighborhood bar", which derives a small portion of its total business from mechanical amusement devices which have moved in interstate commerce is a "place of entertainment" within the meaning of Title II of the Civil Rights Act of 1964, Title 42, U.S.C. Section 2000a et seq., and therefore subject to its provisions.

Defendants-appellees are the owners...

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