Ollie's Barbecue is a family-owned restaurant in Birmingham, Alabamaspecializing in barbecued meats and homemade pies, with a seating capacity of 220 customers. It is located on a state highway 11 blocks from an interstate highway and a somewhat greater distance from the railroad and bus stations, The restaurant caters to a family and white collar trade, with a take-out service only for "Negroes.(Blacks) In the 12 months preceding the passage the Civil Rights Act, the restaurant purchased locally approximately $150,000 worth of food, $69,683 or 46 recent of which was meat that it bought from a local supplier who had procured it from outside the state. Ollie's has refused to serve Negroes in their dining establishment since opening in 1927, and since July 21964, it has been operating in violation of the Civil Rights Act. A lower court legal decision concluded that if Ollie's were required to serve Negroes, it would Jose a substantial amount of business. The lower court found that the Civil Rights Act did not apply because Ollie's was not involved in interstate commerce "On appeal to a higher court , what will be the court's decision? Will the appeal's court use the commerce clause to apply the provisions of the Civil Rights Act to Ollie's? What factors will the court discuss when they apply the law to these facts?