What the USSC did back in the ‘60s was to rule that no one could be denied entrance to, or service from, a place of business that is a public accomodation.
Calling a private business that is not a monopoly, a public accomodation, and that the private owners give up their right to free association, was the crux of the problem.
“Calling a private business that is not a monopoly, a public accomodation, and that the private owners give up their right to free association, was the crux of the problem.”
I can definitely see where you’re coming from. But they did distinguish a public accomodation from a private club. In the latter, you had to be invited to enter - and therefor discrimination was considered OK. In a non-invitee situation (your generic stop’n’rob on the corner), it is something where any member of the public is permitted inside, because that is the OBJECT of a business that isn’t private. Business, as a matter of common sense, wants as many customers as possible. They advertise for it in innumerable ways, they try to make their premises look and be accomodating, etc. There’s a difference between that type of business and a private club.