Opinion · Court of Appeals for the Eighth Circuit

Music Cafes, Inc. v. City of Edina

Music Cafes, Inc. v. City of Edina, 99 F.3d 288 (8th Cir. 1996)

Type: Opinion
Court: Court of Appeals for the Eighth Circuit
Jurisdiction: Federal
Date: 1996-11-05
Topic: general

_____________ No. 95-3924MN _____________ Music Cafes, Inc., doing * business as Arnold's Hot Roxx * Music Cafe, * * Appellant, * * On Appeal from the United v. * States District Court * for the District * of Minnesota. City of Edina; Kenneth E. * Rosland; Fred Richards; Peggy * [TO BE PUBLISHED.] Kelly; Jane Paulus; Glenn * Smith; and Jack Rice, * * Appellees. * ___________ Submitted: October 23, 1996 Filed: November 5, 1996 ___________ Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM. This is an action under 42 U.S.C. § 1983 in which the plaintiff, the operator of a combination food court and dance hall, claims that the defendants, the City of Edina, Minnesota, and others, were motivated by racial prejudice when they placed conditions upon the plaintiff's permit to hold dances.

Citator

UpLaw has not yet analyzed Music Cafes, Inc. v. City of Edina. The absence of a flag is not a finding that it is good law.

Cited by: 1 opinion

PER CURIAM.

This is an action under 42 U.S.C. § 1983 in which the plaintiff, the operator of a combination food court and dance hall, claims that the defendants, the City of Edina, Minnesota, and others, were motivated by racial prejudice when they placed conditions upon the plaintiffs permit to hold dances. The District Court 1 granted summary judgment for the defendants, and the plaintiff appeals.

We affirm, substantially for the reasons given in the opinion of the District Court. In our view, there is no substantial evidence in this record of racial motivation on the part of those who made the decision to subject plain *289 tiffs permit to the conditions complained of — that no smoking be allowed, and that patrons’ hats be checked at the door.

Affirmed.

. The Hon. David S. Doty, United States District Judge for the District of Minnesota.