The Heart of Atlanta Motel, which has rooms available to transient guests, is located on Courtland Street, two blocks from downtown Peachtree Street in Atlanta, Georgia. It is readily accessible to interstate highways 75 and 85 and state highways 23 and 41. The motel does advertise outside Georgia through various national advertising media, including magazines of national circulation; it maintains more than 50 billboards and highway signs within the state, soliciting patronage for the motel; it accepts convention trade from outside Georgia; and approximately 75% of its registered guests are from out of state.

Prior to passage of Title II of the Civil Rights Act, the motel had followed a practice of refusing to rent rooms to Negroes, and it alleged that it intended to continue to do so. The motel filed suit, challenging Congress for passing this act in excess of its power to regulate commerce under Article I, Section 8, Part 3, of the Constitution of the United States.

Section 201 of Title II provides, “All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.” Section 201(b) covers four classes of business establishments, each of which “serves the public” and “is a place of public accommodation”: any inn, hotel, motel, or other establishment which provides lodging; (2)‡any restaurant, cafeteria; (3) any motion picture house; and (4) any establishment which is physically located within the premises of any establishment otherwise covered by this subsection.

Is Title II of the Civil Rights Act constitutional? Is this case different from Ollie’s Barbecue? [Heart of Atlanta Motel, Inc. v U.S., 379 U.S. 241 (1964)]