MUSIC CAFES, INC. v. CITY OF EDINA, 99 F.3d 288 (8th Cir. 1996)
Music Cafes, Inc., doing business as Arnold's Hot Roxx Music Cafe,Appellant, v. City of Edina; Kenneth E. Rosland; Fred Richards; PeggyKelly; Jane Paulus; Glenn Smith; and Jack Rice, Appellees.
No. 95-3924MNUnited States Court of Appeals, Eighth Circuit.Submitted October 23, 1996
Filed November 5, 1996
Counsel who presented argument on behalf of the appellant was Jeffrey Thone of Hopkins, MN. James A. Sanford of Minneapolis appeared on the brief.
Counsel who presented argument on behalf of the appellee was Thomas A. Harder of St. Paul, MN.
On Appeal from the United States District Court for the District of Minnesota.
Before: RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON and MORRIS SHEPPARD ARNOLD, Circuit Judges.
PER CURIAM.
[1] This is an action under 42 U.S.C. §(s) 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. The District Court[fn1] granted summary judgment for the defendants, and the plaintiff appeals.
[2] 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 plaintiff'sPage 289
permit to the conditions complained of — that no smoking be allowed, and that patrons' hats be checked at the door.
[3] Affirmed.
[fn1] The Hon. David S. Doty, United States District Judge for the District of Minnesota.Page 870