032466P.pdf   07/08/2004  Frank Bilello  v.  Kum & Go
   U.S. Court of Appeals Case No:  03-2466
   District of Nebraska   
   Civil case - civil rights. In order to bring an action under 42 U.S.C. Sec. 
   2000a, a plaintiff must satisfy the procedural requirements of Section 
   2000a-3(c), which requires notice to the appropriate state or local agency 
   concerning the discrimination in public accommodations; here, plaintiff 
   failed to notify Nebraska Equal Opportunity Commission of his claim 
   that defendant's practices discriminatorily denied him access to public 
   restrooms, and the claim must be dismissed for lack of jurisdiction; 
   plaintiff, a white person, did not meet the minimum requisites for third- 
   party standing to bring a Section 1981 claim; further, because his equal 
   benefits claim did not allege state action, it fails at a matter of law. 
   [PUBLISHED] [Riley, Author, with McMillian and Melloy, Circuit Judges]