I think society has changed a lot since the 1960's.
For one, the law has changed. Government's cannot force businesses to discriminate who they serve anymore. No more Jim Crow.
We never really got to see whether businesses would discriminate if given the freedom to do so, they were told they had to and then told they can't. Both dictates are harmful I would argue, the first being obviously much worse than the second.
Both profit motive and business image are good reasons why a business wouldn't discriminate. Any discrimination would likely be a statistical anomaly. A low percentage of people are truly racist in this country, an even fewer percentage of racist business owners, and even a fewer percentage of racist business owners who would take the risk to discriminate. And society continues to progress every day.
The problem with anti discrimination laws is that they actually lead to minorities being treated differently. That only delays progress for equality in society. Another problem is that anti discrimination lawsuits are hard to defend against, and morally bankrupt our legal system.
Do we really need laws against discrimination by businesses in 2013?