Baylies v. Curry

Citations

• 128 Ill. 287
• 21 N.E. 595

Syllabus

<p>1. Golobed pebsons—civil rights—access to theaters, etc.—discrimination on account of race or color. All persons in this State are entitled to the full and equal enjoyment of the accommodations, advantages, facilities and privileges of theaters, etc., subject only to the conditions and limitations established by law, and applicable to all citizens, and an action will lie against any one who shall deny another such rights and privileges on account of his race or color.</p> <p>2. So if the proprietor of a theater shall deny a colored person access to his theater, or to the several circles or grades of seats therein, on account of his race or color, he will be liable to such person so aggrieved in an action for damages.</p> <p>3. In an action by a colored woman, against the proprietor of a theater, for denying her equal privileges, etc., the only case her evidence tended to prove was, that after having paid, through another, for a ticket to the first balcony, she was first denied admission thereto, and afterward denied admission to any part of the theatei', on account of her color. On the trial, the defendant offered to prove that he had adopted a rule requiring colored people to sit in the same row, separate from white people, and that it was the rule of his theater that colored persons were given the same advantages, for the same price, in all parts thereof, that whites had, except that the former were assigned a particular row of seats,—which the court refused to allow: Held, that the court ruled properly, as the .proposed evidence was irrelevant to the issue.</p> <p>4. Same—constitutionality of the act. It can not reasonably be contended that the provisions of “An act to protect all citizens in their civil and legal rights, and fixing a penalty for violation of the same,” approved June 10,1885, in so far as they give an action against the proprietor of a theater for denying a colored person access thereto, are void, as being repugnant to the constitution of this