(concurring specially).
I join in the reversal of the judgment of the circuit court, but for a different reason.
SDCL 20-13-23 provides:
It shall be an unfair or discriminatory practice for any person engaged in the provision of public accommodations because of race, color, creed, religion, sex, ancestry, or national origin, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of such public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of such services and facilities, the price or other consideration therefor, the scope and equality thereof, or the terms and conditions under which the same are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation, and repair.
The intent of SDCL 20-13, the South Dakota Human Relations Act of 1972, is clear: “[T]o eliminate discrimination based upon race, color, creed, religion, sex, ancestry or national origin in the areas of . property rights, public accommodations and public services.” State, Div. of Human Rights v. Prudential Ins., 273 N.W.2d 111, 114 (S.D.1978). Appellee alleged no facts that would bring his claim within the purview of the Act. I would not read the Act to give a cause of action to every party involved in a personal feud.