Opinion
No. ED93726
April 20, 2010
Appeal from the Circuit Court of the City of St. Louis Hon. David L. Dowd.
Larry Delano Coleman, Attorney for Appellant.
Chris Koster, Attorney for Respondent.
OPINION SUMMARY
Stephen Coleman and his companies, Daedalus Capital, LLC and Chicken Little Fund Group, Inc., appeal the circuit court's dismissal of their petition against Robin Carnahan and Lori Neidel in their official capacities as Missouri Secretary of State and former Chief Enforcement Counsel of the Securities Division, respectively.
Respondents opened an investigation into Appellants' business dealings and instituted proceedings to revoke Appellants' licensures for alleged violations of the Missouri Securities Act of 2003. Mr. Coleman, an investment advisor of African descent, subsequently sued Respondents under the Missouri Human Rights Act alleging that Respondents' actions were racially motivated. The circuit court dismissed the petition for failure to state a claim on which relief could be granted.
AFFIRMED.
DIVISION ONE HOLDS: (1) Missouri securities laws do not constitute a "place of public accommodation" under Section 213.065 RSMo. (2) Section 213.070 prohibiting discrimination in employment is inapplicable because no employer-employee relationship exists between the parties.
Kathianne Knaup Crane, P.J. and Nannette A. Baker, J., concur.