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Ogalinau Izajcevb
Ogalinau Izajcevb

Sex Orgies In Color 18 (1970)

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Sex Orgies In Color 18 (1970)

Small business, so vital to our economic system, is free enterprise in its purest sense. It holds forth opportunity to the individual, regardless of race or color, to fulfill the American dream. The seedbed of innovation and invention, it is the starting point of many of the country's large businesses, and today its roll in our increasingly technological economy is crucial. We pledge to sustain and expand that role.

"We certainly didn't have orgies," says Satya Franklin as she recalls her experiences three decades ago at Rajneeshpuram, the commune in Oregon run by a so-called "sex cult" at the center of the new Netflix documentary Wild Wild Country.

By 1977, three court cases confirmed that a woman could sue her employer for harassment under Title VII of the 1964 Civil Rights Act, using the EEOC as the vehicle for redress. The Supreme Court upheld these early cases in 1986 with Meritor Savings Bank v. Vinson, which was based on the complaints of Mechelle Vinson, a bank employee whose boss intimidated her into having sex with him in vaults and basements up to fifty times. Vinson was African American, as were many of the litigants in pioneering sexual harassment cases; some historians suggest that the success of racial discrimination cases during these same years encouraged women of color to vigorously pursue their rights at work.

As previously pointed out, plaintiffs urge as jurisdictional grounds in support of their *258 civil rights claims, 42 U.S.C. Sections 1981, 1983 et seq. and 28 U.S.C. Sections 1331 and 1343.[5] The gravamen of these claims is that defendants acted under "color of state law" when the state court ordered the attachment of Nesglo's inventory in the local breach of contract suit initiated by Chase, upon default in payments by Nesglo of certain Factor's Lien promissory note held by Chase. However, it is clearly averred in the Complaint that defendant Chase is a national banking association authorized to do business in Puerto Rico and defendants Zych and Fernández are employees and/or agents of Chase. There are no statements in the Complaint from which it could be inferred that Chase, Zych and Fernández are connected with or affiliated with the Government of the Commonwealth of Puerto Rico.

Its wording as well as that of Section 1982[7] (to the extent that the "et seq." may include Section 1982) prohibits racial discrimination and assures the same equality of treatment to non-white citizens as is enjoyed by white citizens within the jurisdiction of the United States. The purpose of both Sections 1981 and 1982 has been said to provide for equality of rights as between persons of different races, as well as "to bar all racial discrimination, private, as well as public in the sale and rental of property ..." Jones v. Mayer Co., 392 U.S. 409, 413, 88 S. Ct. 2186, 2189, 20 L. Ed. 2d 1189 (1968); Hague v. C. I. O., 307 U.S. 496, 509, 59 S. Ct. 954, 961, 83 L. Ed. 1423 (1939); Virginia v. Rives, 100 U.S. 313, 318, 25 L. Ed. 667 (1880); Agnew v. Compton, 239 F.2d 226, 230 (9th Cir.); cert. denied, 353 U.S. 959, 77 S. Ct. 868, 1 L. Ed. 2d 910 (1956); overruled on other grounds; Cohen v. Norris, 300 F.2d 24 (9th Cir.), disagreed with other grounds, Herschel v. Dyra, 365 F.2d 17 (7th Cir.), cert. denied, 385 U.S. 973, 87 S. Ct. 513, 17 L. Ed. 2d 436 (1966). Although Section 1981 was designed to prohibit all racial discrimination, whether or not under color of law, there are absolutely no factual predicates in the Complaint, upon which any action could arise on behalf of plaintiffs under Sections 1981 or 1982. Accordingly, plaintiffs' formal allegation in paragraph 1 of the Complaint, wherein Section 1981 et seq.[8] appears, is inadequate and this Court *259 lacks jurisdiction under 28 U.S.C. Section 1343 as it may implement Sections 1981 and 1982's substantive provisions. Hagans v. Lavine, 415 U.S. 528, 536, 94 S. Ct. 1372, 1378, 39 L. Ed. 2d 577 (1974) and cases cited.

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