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CNN WASHINGTON The high court on Monday rejected a civil rights challenge from a group of African-American shoppers alleging overly intrusive store surveillance. The justices without comment decided not to intervene. At issue was what a minority shopper must show, under federal law, to prove a retailer actively and intentionally obstructed his or her efforts, making any purchase impossible. Thirteen shoppers in Columbia, Missouri, alleged employees and managers at a Dillard's department store singled them out for scrutiny and surveillance. Former store employees testified managers were "especially aggressive" in monitoring African-American customers and that white patrons were given preferential treatment over blacks when caught shoplifting. One worker said when some African-Americans entered the store, the security code "44" was regularly announced over the store intercom. Dillard's, a Little Rock, Arkansas-based chain, has about 330 stores in 29 states, according to its Web site. The store denies any intentional discrimination against any of its customers. A federal judge initially dismissed most of the claims, saying the store did not "interfere" directly in shoppers' ability to "contract" or purchase items. A federal appeals court in St. Louis, Missouri, eventually agreed, concluding under federal law, such surveillance was not illegal if store managers did not completely "thwart" the purchase by refusing to sell.
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