Brooks v. Chicago Downs Association, Inc.
United States Court of Appeals for the Seventh Circuit
791 F.2d 512 (1986)
Eric Brooks, Jeffrey Yass, and Kenneth Brodie (plaintiffs), self-described expert handicappers who pooled money to place horseracing bets, won $600,000 on a $60,000 wager at a special "Super Bet" offered by Chicago Downs Association, Inc. (defendant) at Sportsman's Park racetrack. When the plaintiffs returned and tried to place a $250,000 Super Bet wager, Chicago Downs ordered them to leave and barred them from all future events at the track. The plaintiffs sued seeking an injunction against the exclusion; Chicago Downs moved to dismiss, arguing it had an absolute common-law right to exclude patrons for any reason except a protected characteristic. The trial court granted the motion, and the plaintiffs appealed.
Whether a proprietor of a private enterprise generally has the absolute right to exclude patrons for any reason except race, creed, color, national origin, or sex.