Irvis (P), a black, was refused service by the Moose Lodge (D), because he was black. P sued in federal district court to enjoin D's discriminatory practices. P's claim of state action under the fourteenth amendment was based on the fact that D was licensed by the state liquor board. Appellee then brought this action under 42 U.S.C. § 1983 for injunctive relief. He claimed that because the Pennsylvania liquor board had issued Moose Lodge a private club license that authorized the sale of alcoholic beverages on its premises, the refusal of service to him was 'state action' for the purposes of the Equal Protection Clause of the Fourteenth Amendment. He sought injunctive relief that would have required the defendant liquor board to revoke Moose Lodge's license so long as it continued its discriminatory practices. He sought no damages. A three-judge district court upheld his contention on the merits, and entered a decree declaring invalid the liquor license issued to Moose Lodge 'as long as it follows a policy of racial discrimination in its membership or operating policies or practices.'

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