Whether summary judgment should be granted when there are genuine issues of material fact as to whether a defendant's refusal to provide services requested under contract was motivated by racially discriminatory intent, in violation of 42 U.S.C. § 1981

QUESTION PRESENTED 42 U.S.C. § 1981 provides that “[a]ll persons... have the same right . . . to make and enforce contracts.” 42 U.S.C. § 1981(a). The statute further states that “the term ‘make and enforce contracts’ includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.” Id. § 1981(b). The question presented is: Whether summary judgment should be granted when there are genuine issues of material fact as to whether a defendant’s refusal to provide services requested under contract was motivated by racially discriminatory intent, in violation of 42 U.S.C. § 1981, when the defendant called himself a “white power oppressor,” admitted the statement was a synonym for racist, and expressly intended to mock and trivialize the plaintiff.