Andre Boggerty, Kim Boggerty, Barbara Bryant, Larry Bryant, Jameira Burke, Arnola Burke-Dixon, Kemmeisha Burris…

Summary

The Court affirmed the reversal of the Commission's finding that a theater manager violated the Delaware Equal Accommodations Law by making a pre-show announcement to a predominantly African-American audience. The Court held that the appellants failed to establish disparate treatment because every audience member received the same announcement, and that the Commission improperly shifted the burden of persuasion when evaluating the theater's nondiscriminatory explanation. No separate opinions were filed.