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Redneck Woman: Lawsuit of the Month


One of my law librarian colleagues who will remain nameless (and perhaps shameless, which is why we love her) sends us this:

Brackens v Texas Roadhouse: Lawsuit of the Month

The court also released the following notable unpublished opinion: Brackens v. Texas Roadhouse in Wichita, No. 06-50736 (5th Cir. Jan. 31, 2007) (Jolly, Dennis and Clement) (per curiam; unpublished): Brackens and his family were having dinner in a Texas Roadhouse restaurant in Wichita, Kan., when the song “Redneck Woman” came over its sound system and employees began dancing. He sued for race discrimination, breach of contract, and the tort of outrage, but all were dismissed under Rule 12(b)(6). Holding: Affirmed. 42 U.S.C. § 2000a “was not designed … to require places of public accommodation to cater to the musical tastes of all of [their] patrons”; the defendant had never contractually agreed not to play “Redneck Woman” during plaintiff’s dinner; and under Kansas law, playing the song did not exceed the bounds of decency in civilized society. (Appealed from W.D. Texas;”

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