Opinion
No. 38719
Decided March 3, 1965.
Appeal — Dismissal — Moot question — Civil rights — Barbershops.
APPEAL from the Court of Appeals for Greene County.
Plaintiff, Gegner, a licensed barber, was the owner and operator of a barbershop. The defendant Graham, a Negro, entered plaintiff's shop and requested a haircut. Plaintiff replied that he could not cut Graham's hair because he did not have the skill required to cut a Negro's hair.
Defendant Graham filed a complaint with the Ohio Civil Rights Commission, alleging an unlawful discriminatory practice under Section 4112.02, Revised Code. The commission ordered plaintiff "to cease and desist from the unlawful discriminatory practices in the denial of the full enjoyment of the accommodations, advantages, facilities and privileges of his place of business to the complainant, Paul N. Graham, or to other persons as provided in Chapter 4112., Revised Code."
The Common Pleas Court, on appeal, declared that Section 4112.02, Revised Code, is unconstitutional so far as it applies to plaintiff, and that the order of the commission is a nullity.
The Court of Appeals held that Section 4112.02, Revised Code, is constitutional as applied to plaintiff, and that the cease and desist order of the commission issued against the plaintiff is valid, and reversed the judgment of the Common Pleas Court.
The cause is before this court as an appeal as of right and pursuant to the allowance of a motion to certify the record.
Mr. Harry W. Kyle, for appellant.
Messrs. Sindell, Sindell, Bourne Markus and Mr. John E. Duda, for appellee.
Since plaintiff has sold his barbershop and is no longer operating it and since the present owner is giving to Negroes "the full enjoyment of the accommodations, advantages, facilities and privileges of his place of business," the case is moot. Therefore, the appeal is dismissed. Minor v. Witt, City Clerk, 82 Ohio St. 237.
Appeal dismissed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.