The administration of a law "may be unconstitutional if it amounts to intentional and arbitrary discrimination".
However, he rejected charges that the town had engaged in intentional discrimination.
Small businesses are certainly entitled to be heard, especially on the separate issue of money damages for intentional discrimination.
That intentional discrimination is and should be illegal is by this point in the country's history beyond debate.
The Court had ruled that the law prohibited only intentional discrimination in voting.
First, the court found no intentional discrimination, but ruled that the district's segregation was in itself unconstitutional.
Federal courts have refused to act against segregation that has not resulted from intentional discrimination.
The bill would also allow women and members of religious minorities to collect damages if they proved intentional discrimination.
An executive act may be unconstitutional if it amounts to intentional and arbitrary discrimination.
The 1982 amendment provided that proof of intentional discrimination is not required.