In a case that I've followed for more than two years with some amusement, the California 4th District Court of Appeal has upheld a summary judgment against a disgruntled Angels fan who was pissed off that a Mother's Day promotion only gave free tote bags to adult women.
Michael Cohn appeals from summary judgment granted in favor of Corinthian Colleges, Inc. (Corinthian), and Angels Baseball LP (the Angels). He contends the Angels’ Mother’s Day tote bag giveaway violated the Unruh Civil Rights Act. (Civ. Code, §§ 51, 52; hereafter the Unruh Act.) We disagree and affirm the judgment.
As we will explain, the Unruh Act protects against intentional discrimination that is unreasonable, arbitrary, or invidious. This important piece of legislation provides a safeguard against the many real harms that so often accompany discrimination. For this reason, it is imperative we not denigrate its power and efficacy by applying it to manufactured injuries such as those alleged by the plaintiff in this case.
The only unfortunate thing about the opinion in Cohn v. Corinthian Colleges, Inc. (the sponsor of the giveaway),
is that the opinion is unpublished. Maybe I'll file a request for publication.
Oh, and I'm still not that kind of lawyer.
The case has been ordered published. Thank, among others, the folks at Budweiser, who requested that this case be published to establish a precedent that this sort of crap isn't the kind of discrimination the law was intending to prohibit.