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4 Comments on Valley Swim Club

  1. Anonymous // at 2:37 am // Reply

    I'm kind of lost here in what the lawsuit is about. If you're suing for (fundamental) breach of contract, do the underlying reasons really matter?

    Or are you suing because the kids feelings were hurt by some comments?

  2. Brian J. Zeiger, Esquire // at 3:10 am // Reply

    If a party makes a valid contract with another party, neither party can refuse to fulfill their obligations under the contract based on the race of the other party under 42 USC 1981 of the Civil Rights Act.

    For example, you make a contract with someone to deliver a sofa to your house, you pay them the fee for the delivery. When they get to your house, the delivery man sees that you are white, refuses to deliver it to you, and returns the sofa to the warehouse. In that example, you can sue the delivery service under 42 USC 1981.

    Your feelings are not relevant.

  3. Interesting answer, Brian. I actually recently had a deliverman show up at my house and refuse to deliver my sofa, and I don't like the color of his skin? Will you help me sue him?

    You can't sue someone because you're feeling were hurt, sorry. It's not right, and it's a shame that the racist court system may let you get away with this for awhile.

  4. Brian J. Zeiger, Esquire // at 1:37 am // Reply

    @Jim, You are right, you can't sue someone because your feelings are hurt. You can sue someone because they did not perform their part of a valid contract if their refusal of performance was based on your race.

    Your example says that the delivery man refused to delivery your sofa. You give no reason why he refused. You then state that you are a bigot. No one can get sued for a civil rights violation in your example. You could sue in state court for a contract claim. And you are can be a bigot; its the USA. You just can't violate a contract due to your bigotry. The KKK has a right to organize, be bigoted, and talk about their hatred.

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