1. state licensed club was neutral state action b/c state had nothing to do with the discriminatory practices Moose Lodge
2. Blum test: the mere fact that a bsns is subj. to state regulation does not by itself convert its action into that of the state (Metro & Moose Lodge)
a) sufficiently close nexus (causal connection) btwn civilian transgression and the conduct of the state, so we can say the civilian acted as the alter ego of the state
b) a state normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement either overt or covert that the choice is deemed that of the state (ex. where drunk guy told to drive straight home or be arrested and charged, this is not really a choice and it is state action via coercion)
c) the req’d nexus may be present if the private entity has exercised powers that are traditionally the exclusive prerogative of the state (public fx theory Flagg, Marsh)
d) symbiotic relationship
1. state benefits from symbiotic relationship => state has affirmative duty to ensure things are non-discriminatory
2. Burton: state benefited from restaurant at public park; had affirm. duty to insert non-discrim clause into lease
3. when facts show symbiosis like this, it’s almost as if the state itself had discriminatory motives.
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