Crawford v. Kent

• Decision Date: 03 June 1960
• Citation: 167 N.E.2d 620,341 Mass. 125
• Parties: David H. CRAWFORD v. ROBERT L. KENT, INC. David H. CRAWFORD v. Robert KENT.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 620

167 N.E.2d 620

341 Mass. 125

David H. CRAWFORD v. ROBERT L. KENT, INC.

David H. CRAWFORD v. Robert KENT.

Supreme Judicial Court of Massachusetts, Suffolk.

Argued April 6, 1960.

Decided June 3, 1960.

G. Bruce Robinson, Boston, for plaintiff.

No argument nor brief for the defendants.

Before WILKINS, C. J., and SPALDING, WILLIAMS, COUNIHAN and CUTTER, JJ.

WILKINS, Chief Justice.

In order to receive dancing lessons, the plaintiff presented himself at the studio where the corporate defendant conducted a dancing school. The individual defendant, who was the manager, as well as president and treasurer, refused the plaintiff lessons because of his color. These two actions of tort seek recovery, as provided in G.L. c. 272, § 98 (as amended through St.1950, c. 479, § 3), ¹ because of discrimination in a 'place of public accommodation, resort or amusement,' as defined in G.L. c. 272, § 92A (as amended through St.1953, c. 437). The trial judge found in substance that the dancing school, known as Fred Astaire Dance Studios of Boston, was a business operated for profit. She ruled that it was not operated for 'educational purposes,' so as to fall within an exception created by § 92A. ² Findings for the plaintiff were vacated by the Appellate Division, which ordered the entry of findings for the defendants. The plaintiff appealed.

The opinion of a majority of the Appellate Division reached the conclusion that, as matter of law, the defendant corporation was an organization operated for educational purposes. We think that this was error, and that the findings of the trial judge must be reinstated. An 'organization operated for * * * educational purposes' within the meaning of the statute must be 'educational' in the ordinary sense. In Kurz v. Board of Appeals of No. Reading, Mass., 167 N.E.2d 627, we have held that 'educational use' within the local zoning by-law did not include a commercial enterprise providing instruction in dancing. In the cases at bar there was evidence, which we need not recite, which warranted the trial judge's findings.

The orders of the Appellate Division must be reversed and judgments entered for the plaintiff in accordance with the findings of the Municipal Court.

So ordered.

1 'Whoever makes any distinction, discrimination or restriction on account of religion, color or race, except for good cause applicable alike to all persons of every religion, color and race, relative to the admission of any person to, or his...