Plaintiff filed suit alleging that the NCAA's policy of excluding anyone
with a felony conviction from coaching at NCAA-certified youth athletic
tournaments violates Title II of the Civil Rights Act of 1964, 42 U.S.C.
2000a(a). Section 2000a(a) prohibits racial discrimination in places of public
accommodation. The Ninth Circuit affirmed summary judgment for the NCAA and
held that even if disparate-impact claims were cognizable under Title II,
plaintiff has not shown that an equally effective, less discriminatory
alternative to the NCAA's felon-exclusion policy exists, as he must do under
the three-step analysis for disparate-impact claims set forth in Wards Cove
Packing Co. v. Atonio, 490 U.S. 642 (1989). The panel noted that it need not
decide whether to endorse or ...