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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1098

1098     IOWA LAW REVIEW     [Vol. 49

parties actively participated, such as bowling alleys or dance halls, and those where they are passive spectators.117 The act's proscriptions apply in either case since they are both "places of amusement."
   These decisions holding soda fountains and dance halls to be within the act's coverage are undoubtedly correct. The words "refreshments" and "amusement" should be construed to effectuate the legislative policy and the demands of mid-twentieth century America. "The evil sought to be remedied was unjust or groundless discrimination between individuals where the public generally are invited to be served or entertained."118 A construction of the statute which secures anything less would be undesirable.
   Of course, consistent with the legislative intention, the Iowa Civil Rights Act can only apply to establishments that cater to the "public generally" and demand a fee or charge for the use of their services or facilities. It cannot apply to establishments that restrict their patronage to particular individuals, such as bona fide private clubs or establishments that offer their services or facilities gratuitously.
   The requirement that the enterprise involved cater to the public at large was emphasized in Humburd v. Crawford.119 In holding that an establishment serving meals to any individual who desired them was an "eating house" within the terms of the act, the Iowa Supreme Court commented as follows:

Not from advertisements or signs alone was the true character of the establishment to be ascertained, but from the manner of conducting the business as well, and, if meals were served by defendants to whomsoever came, at a uniform price .. this was sufficient holding out to the world to constitute it a public eating house.120 If meals were served only in pursuance of previous arrangements, and therefore to particular individuals [only], rather than to any who might apply, it was ... private [and therefore not covered by the act.]121

 The requirement that the establishment demand a pecuniary quid pro quo for its services or facility in order to come within the act's proscriptions was stressed in Brown v. J. H. Bell Co.122 In that case, the Iowa Supreme Court held that the Civil Rights Act did not apply to an independently operated booth at a retail grocers' show that was open to the public for a fee, where the booth dispensed free cups of coffee for advertising purposes and obtained no share of the admission charge. The court insisted that since the coffee was a gratuity or donation it "could be withheld or granted according to defendant's discretion." A donor could not "be held liable under our civil rights act." He has
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117 Id. at 625-28
118 Humburd v. Crawford, 128 Iowa 743, 744, 105 N.W. 330 (1905).
119 128 Iowa 743, 105 N.W. 330 (1905)
120 Id. at 745-46, 105 N.W. at 331. (Emphasis added.)
121 Id. at 744, 105 N.W. at 330. (Emphasis added.)
122 146 Iowa 89, 123 N.W. 231 (1909).

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1098 IOWA LAW REVIEW [Vol. 49 parties actively participated, such as bowling alleys or dance halls, and those where they are passive spectators.117 The act's proscriptions apply in either case since they are both "places of amusement." These decisions holding soda fountains and dance halls to be within the act's coverage are undoubtedly correct. The words "refreshments" and "amusement" should be construed to effectuate the legislative policy and the demands of mid-twentieth century America. "The evil sought to be remedied was unjust or groundless discrimination between individuals where the public generally are invited to be served or entertained."118 A construction of the statute which secures anything less would be undesirable. Of course, consistent with the legislative intention, the Iowa Civil Rights Act can only apply to establishments that cater to the "public generally" and demand a fee or charge for the use of their services or facilities. It cannot apply to establishments that restrict their patronage to particular individuals, such as bona fide private clubs or establishments that offer their services or facilities gratuitously. The requirement that the enterprise involved cater to the public at large was emphasized in Humburd v. Crawford.119 In holding that an establishment serving meals to any individual who desired them was an "eating house" within the terms of the act, the Iowa Supreme Court commented as follows: Not from advertisements or signs alone was the true character of the establishment to be ascertained, but from the manner of conducting the business as well, and, if meals were served by defendants to whomsoever came, at a uniform price .. this was sufficient holding out to the world to constitute it a public eating house.120 If meals were served only in pursuance of previous arrangements, and therefore to particular individuals [only], rather than to any who might apply, it was ... private [and therefore not covered by the act.]121 The requirement that the establishment demand a pecuniary quid pro quo for its services or facility in order to come within the act's proscriptions was stressed in Brown v. J. H. Bell Co.122 In that case, the Iowa Supreme Court held that the Civil Rights Act did not apply to an independently operated booth at a retail grocers' show that was open to the public for a fee, where the booth dispensed free cups of coffee for advertising purposes and obtained no share of the admission charge. The court insisted that since the coffee was a gratuity or donation it "could be withheld or granted according to defendant's discretion." A donor could not "be held liable under our civil rights act." He has _________________________ 117 Id. at 625-28 118 Humburd v. Crawford, 128 Iowa 743, 744, 105 N.W. 330 (1905). 119 128 Iowa 743, 105 N.W. 330 (1905) 120 Id. at 745-46, 105 N.W. at 331. (Emphasis added.) 121 Id. at 744, 105 N.W. at 330. (Emphasis added.) 122 146 Iowa 89, 123 N.W. 231 (1909).