Peterson v. City of Greenville | |
---|---|
Argued November 6–7, 1962 Decided May 20, 1963 | |
Full case name | Peterson v. City of Greenville |
Citations | 373 U.S. 537 ( more ) 15 |
Case history | |
Prior | Supreme Court of South Carolina, State v. Randolph et al., 239 S.C. 79 |
Court membership | |
| |
Case opinion | |
Majority | Harlan, joined by unanimous |
Peterson v. City of Greenville, 373 U.S., was a United States Supreme Court case that maintained the illegality of race-based segregation in public places. Ten African American student protesters were arrested and convicted in Greenville, South Carolina for attempting to purchase food at an S.H. Kress lunch counter. After the African American students arrived at the restaurant and sat at the lunch counter, the manager abruptly closed the store and instructed the protesters to leave. The manager and police argued that the protesters violated a state trespassing ordinance and were not arrested because of their race. While the Supreme Court of South Carolina maintained the students' guilt, the United States Supreme Court reversed the decision, citing that a "violation of the Fourteenth Amendment cannot be saved by attempting to separate the mental urges of the discriminators." [1]
In the early 1960s, segregation in most public places in South Carolina was mandated by both by state law and city ordinance. [2] A city of Greenville ordinance, 31-8, as amended in 1958 read, "It shall be unlawful for any person owning, managing or controlling any hotel, restaurant, cafe, eating house, boarding-house or similar establishment to furnish meals to white persons and colored persons in the same room, or at the same table, or at the same counter; provided." [3] Non-violent protests against segregation in public places had intensified in Greenville in the early 1960s, including the Greenville Eight's sit-in at the city's public library and the sit-ins at local restaurants. [4] [5]
On August 9, 1960, fourteen African American high school students entered into a S.H. Kress Store in downtown Greenville, South Carolina. [6] Many of the protestors were students of Sterling High School. [7] When the protesters entered the restaurant and sat at a lunch counter designed for 59 people, the manager demanded that they leave, declaring the store closed and turning off the lights. The white patrons left the restaurant, but the African American protesters remained, refusing to leave. [6] The manager instructed one of his employees to call the police. When the police arrived, the manager said that he asked the protesters to leave because the integration of public facilities was "contrary to local customs." [1] The ten protesters who were over sixteen years of age were charged with trespassing; the four minors were not arrested. [6] Each of the ten arrested were convicted and sentenced to either pay a $100 fine or serve 30 days in jail. [1]
The store manager and the police admitted that the students were clean, well-dressed, and quiet. The manager stated that Negroes were invited to patronize all departments of S.H. Kress except for the lunch counter. The petitioners asserted that the state of South Carolina had denied them their First and Fourth Amendment rights to free speech and equal protection under the law respectively.
The initial appeal to the Greenville County court was dismissed. In the case State v. Randolph et al., 239 S.C. 79, the defense argued that their arrest and conviction was not because of a trespassing violation but rather an effect of a custom of racial segregation. The defense appealed to the South Carolina Supreme Court.
The Supreme Court of South Carolina noted that the charge made no mention of a segregation-based law, citing the language of the trespassing ordinance: "Any person...who...fails and refuses, without good cause or excuse, to leave immediately upon being ordered or requested to do so by the person in possession, or his agent or representative." The state supreme court maintained that the reason the student protesters were arrested was because they were asked to leave, but remained on the premises. The court concluded that the arrest and conviction of the ten protesters was lawful and that the judgement was affirmed. [6] [1]
Matthew Perry was the lead attorney for the defense, arguing a violation of the African American students' constitutional rights.
On May 20, the court decided unanimously that the arrest and conviction of the ten African American protesters was a violation of their Fourteenth Amendment rights and reversed the decision of the South Carolina Supreme Court. [3]
Justice John Harlan authored the majority opinion, which was delivered by Chief Justice Earl Warren. In his opinion, Harlan wrote: [1] [3]
The evidence in this case establishes beyond doubt that the Kress management's decision to exclude petitioners from the lunch counter was made because they were Negroes. It cannot be disputed that under our decisions "private conduct abridging individual rights does no violence to the Equal Protection Clause unless to some significant extent the State in any of its manifestations has been found to have become involved in it." Burton v. Wilmington Parking Authority, 365 U.S. 715, 722; Turner v. City of Memphis, 369 U.S. 350 .
It cannot be denied that here the City of Greenville, an agency of the State, has provided by its ordinance that the decision as to whether a restaurant facility is to be [373 U.S. 244, 248] operated on a desegregated basis is to be reserved to it. When the State has commanded a particular result, it has saved to itself the power to determine that result and thereby "to a significant extent" has "become involved" in it, and, in fact, has removed that decision from the sphere of private choice. It has thus effectively determined that a person owning, managing or controlling an eating place is left with no choice of his own but must segregate his white and Negro patrons. The Kress management, in deciding to exclude Negroes, did precisely what the city law required.
Consequently these convictions cannot stand, even assuming, as respondent contends, that the manager would have acted as he did independently of the existence of the ordinance. The State will not be heard to make this contention in support of the convictions. For the convictions had the effect, which the State cannot deny, of enforcing the ordinance passed by the City of Greenville, the agency of the State. When a state agency passes a law compelling persons to discriminate against other persons because of race, and the State's criminal processes are employed in a way which enforces the discrimination mandated by that law, such a palpable violation of the Fourteenth Amendment cannot be saved by attempting to separate the mental urges of the discriminators. Reversed.
Boynton v. Virginia, 364 U.S. 454 (1960), was a landmark decision of the US Supreme Court. The case overturned a judgment convicting an African American law student for trespassing by being in a restaurant in a bus terminal which was "whites only". It held that racial segregation in public transportation was illegal because such segregation violated the Interstate Commerce Act, which broadly forbade discrimination in interstate passenger transportation. It moreover held that bus transportation was sufficiently related to interstate commerce to allow the United States federal government to regulate it to forbid racial discrimination in the industry.
Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the US Supreme Court held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law that has been expressed prior to the conduct in issue. The holding is based on the Fourteenth Amendment prohibition by the Due Process Clause of ex post facto laws.
The Greensboro sit-ins were a series of nonviolent protests in February to July 1960, primarily in the Woolworth store—now the International Civil Rights Center and Museum—in Greensboro, North Carolina, which led to the F. W. Woolworth Company department store chain removing its policy of racial segregation in the Southern United States. While not the first sit-in of the civil rights movement, the Greensboro sit-ins were an instrumental action, and also the best-known sit-ins of the civil rights movement. They are considered a catalyst to the subsequent sit-in movement, in which 70,000 people participated. This sit-in was a contributing factor in the formation of the Student Nonviolent Coordinating Committee (SNCC).
The Nashville sit-ins, which lasted from February 13 to May 10, 1960, were part of a protest to end racial segregation at lunch counters in downtown Nashville, Tennessee. The sit-in campaign, coordinated by the Nashville Student Movement and the Nashville Christian Leadership Council, was notable for its early success and its emphasis on disciplined nonviolence. It was part of a broader sit-in movement that spread across the southern United States in the wake of the Greensboro sit-ins in North Carolina.
Robert Mack Bell is an American lawyer and jurist from Baltimore, Maryland. From 1996 to 2013, he served as Chief Judge on the Maryland Court of Appeals, now known as the Supreme Court of Maryland, the state's highest appellate court. He was the first African American to hold the position.
The Friendship Nine, or Rock Hill Nine, was a group of African-American men who went to jail after staging a sit-in at a segregated McCrory's lunch counter in Rock Hill, South Carolina in 1961. The group gained nationwide attention because they followed the 1960 Nashville sit-ins strategy of "Jail, No Bail", which lessened the huge financial burden civil rights groups were facing as the sit-in movement spread across the South. They became known as the Friendship Nine because eight of the nine men were students at Rock Hill's Friendship Junior College.
Adderley v. Florida, 385 U.S. 39 (1966), was a United States Supreme Court case regarding whether arrests for protesting in front of a jail were constitutional.
Bell v. Maryland, 378 U.S. 226 (1964), provided an opportunity for the Supreme Court of the United States to determine whether racial discrimination in the provision of public accommodations by a privately owned restaurant violated the Equal Protection and Due Process Clauses of the 14th Amendment to the United States Constitution. However, due to a supervening change in the state law, the Court vacated the judgment of the Maryland Court of Appeals and remanded the case to allow that court to determine whether the convictions for criminal trespass of twelve African American students should be dismissed.
Robinson v. Florida, 378 U.S. 153 (1964), was a case in which the Supreme Court of the United States reversed the convictions of several white and African American persons who were refused service at a restaurant based upon a prior Court decision, holding that a Florida regulation requiring a restaurant that employed or served persons of both races to have separate lavatory rooms resulted in the state becoming entangled in racial discriminatory activity in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Barr v. City of Columbia, 378 U.S. 146 (1964), is a United States Supreme Court decision that reversed the breach of peace and criminal trespass convictions of five African Americans who were refused service at a lunch counter of a department store. The Court held that there was insufficient evidence to support the breach of peace convictions, and reversed the criminal trespass convictions for the reasons stated in another case that was decided that same day, Bouie v. City of Columbia, which held that the retroactive application of an expanded construction of a criminal statute was barred by due process of ex post facto laws.
Griffin v. Maryland, 378 U.S. 130 (1964), was a case in which the Supreme Court of the United States reversed the convictions of five African Americans who were arrested during a protest of a privately owned amusement park by a park employee who was also a deputy sheriff. The Court found that the convictions violated the Equal Protection Clause of the Fourteenth Amendment.
Douglas E. Moore was a Methodist minister who organized the 1957 Royal Ice Cream Sit-in in Durham, North Carolina. Moore entered the ministry at a young age. After finding himself dissatisfied with what he perceived as a lack of action among his divinity peers, he decided to take a more activist course. Shortly after becoming a pastor in Durham, Moore decided to challenge the city's power structure via the Royal Ice Cream Sit-in, a protest in which he and several others sat down in the white section of an ice cream parlor and asked to be served. The sit-in failed to challenge segregation in the short run, and Moore's actions provoked a myriad of negative reactions from many white and African-American leaders, who considered his efforts far too radical. Nevertheless, Moore continued to press forward with his agenda of activism.
The Richmond 34 refers to a group of Virginia Union University students who participated in a nonviolent sit-in at the lunch counter of Thalhimers department store in downtown Richmond, Virginia. The event was one of many sit-ins to occur throughout the civil rights movement in the 1960s and was essential to helping desegregate the city of Richmond.
The Royal Ice Cream sit-in was a nonviolent protest in Durham, North Carolina, that led to a court case on the legality of segregated facilities. The demonstration took place on June 23, 1957 when a group of African American protesters, led by Reverend Douglas E. Moore, entered the Royal Ice Cream Parlor and sat in the section reserved for white patrons. When asked to move, the protesters refused and were arrested for trespassing. The case was appealed unsuccessfully to the County and State Superior Courts.
Adickes v. S. H. Kress & Co., 398 U.S. 144 (1970), was a United States Supreme Court case where the majority ruling, written by Justice Harlan, asserted that the burden of showing a lack of factual controversy rests upon the party asserting the summary judgment. It was later challenged by Celotex Corp. v. Catrett (1986), but the case was not officially overruled. While the issue before the Supreme Court was a fairly technical matter, the subject matter regarded the violation of white teacher Sandra Adickes' civil rights in the segregated South, after being refused service at a restaurant because she wished to eat with her black students.
This is a timeline of the civil rights movement in the United States, a nonviolent mid-20th century freedom movement to gain legal equality and the enforcement of constitutional rights for people of color. The goals of the movement included securing equal protection under the law, ending legally institutionalized racial discrimination, and gaining equal access to public facilities, education reform, fair housing, and the ability to vote.
The sit-in movement, sit-in campaign, or student sit-in movement, was a wave of sit-ins that followed the Greensboro sit-ins on February 1, 1960, led by students at North Carolina Agricultural and Technical Institute (A&T). The sit-in movement employed the tactic of nonviolent direct action and was a pivotal event during the Civil Rights Movement.
Prior to the civil rights movement in South Carolina, African Americans in the state had very few political rights. South Carolina briefly had a majority-black government during the Reconstruction era after the Civil War, but with the 1876 inauguration of Governor Wade Hampton III, a Democrat who supported the disenfranchisement of blacks, African Americans in South Carolina struggled to exercise their rights. Poll taxes, literacy tests, and intimidation kept African Americans from voting, and it was virtually impossible for someone to challenge the Democratic Party, which ran unopposed in most state elections for decades. By 1940, the voter registration provisions written into the 1895 constitution effectively limited African-American voters to 3,000—only 0.8 percent of those of voting age in the state.
The New Year's Day March in Greenville, South Carolina was a 1,000-man march that protested the segregated facilities at the Greenville Municipal Airport, now renamed the Greenville Downtown Airport. The march occurred after Richard Henry and Jackie Robinson were prohibited from using a white-only waiting room at the airport. The march was the first large-scale movement of the civil rights movement in South Carolina and Greenville. The march brought state-wide attention to segregation, and the case Henry v. Greenville Airport Commission (1961) ultimately required the airport's integration of its facilities.
The Charleston sit-ins were a series of peaceful protests during the sit-in movement of the civil rights movement of the 1960s in Charleston, South Carolina. Unlike at other sit-ins in the South where the protestors were mainly college students, the protestors in Charleston were mainly high school students. The earliest such protest was a sit-in at a lunch counter by Charleston high school students, but similar protests continued thereafter.