The ruling was upheld by a Federal appeals court in 1994.
The Bush administration says it plans to appeal, but the ruling should be upheld.
In May, an appeals court upheld the lower court's ruling.
If their ruling is upheld, Penny will lose points and places.
If he upholds the judge's ruling, a further appeal could be made through a state court.
However, in 2002, the Commission upheld its ruling that there had been no discrimination.
The ruling was upheld by an appeals court in Richmond last year.
If his ruling is upheld on appeal, the state would have to modify its plan.
When that ruling was upheld in Federal court, the owners abandoned the fight.
The ruling was appealed, upheld and widely reported in the press.