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to choose his social intimates and business partners is
solely on the basis of personal prejudices, including
race. These and other rights pertaining to privacy and
private association are lhemselves Constitutionally pro-
tected liberties."
"We deal here, "and then he was talking about the
restaurant, "however, with the claim of equal access to
public accomodations. This is not a claim which signifi-
cantly impinges upon personal association interests. The
proprietor's interests in private or unrestricted asso-
ciation is light. The relationship between the modern
innkeeper or restaurant owner and the customer is relatively
impersonal and evanescent, "and then it says, "The
history and purpose of the 14th Amendment compel the
conclusion that when the proprietor opened up his private
property to the general public, then the state could not
enforce his personal discrimination, because it was a
balancing of the interests, and the proprietor could not
deny to a substantial section of the public the equal
protection of the laws which the 13th and 14th and 15th
Amendments to the Federal Constitution had already indi-
cated." |