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Breaking Racial Barriers to Public Accommodations in Indiana, 1935 to 1963

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Breaking Racial Barriers to Public Accommodations in Indiana, 1935 to 1963 Breaking Racial Barriers to Public Accommodations in Indiana, 1935 to 1963 Emma Lou Thornbrough” I went into a restaurant today and asked for a sandwich. The waitress told me she could not serve me. Had this place been a top hat and tail’s place I would not have gone in. But it’s in the midst of the steel district and only the workers go there. I am working in the same block as the restaurant, and I felt like it was all right for me to go in. I was clean. Thus wrote an East Chicago woman to Walter White, secre- tary of the National Association for the Advancement of Colored People (NAACP), in 1943, a year when the United States was en- gaged in a desperate war against Nazi Germany, a fascist, racist power. “Mr. White,” the writer continued, “we have any number of places in Indiana Harbor, E. Chicago and Hammond. Some even display signs in there [sic]windows ‘white only.’ ” She asked White for guidance as to action that might be taken in the face of wide- spread discrimination, adding: “We need some action out here. I don’t want riots or anything like that. But I do want justice for all, and I don’t believe in any isms but Americanisms. I want my six- teen year old son to know the true meaning of Americanism by seeing it practiced toward men regardless of color.”’ Other letters about racial discrimination and segregation in Indiana came regularly to the national office of the NAACP. Blacks complained of exclusion from eating places.‘ They were rarely al- lowed to sit down at lunch counters or tables, although some estab- lishments permitted them to buy food to carry off the premises. Eating places frequently displayed signs which read, “We cater only :* Emma Lou Thornbrough is professor emeritus of history, Butler University, Indianapolis. She is currently writing a history of school segregation and desegre- gation in Indianapolis. The staff of the Indiana Magazine of History wishes to thank Wilma Dulin, program archivist at the Indiana Historical Society, for her tremen- dous help in finding the illustrations for this article. Mayole Nelson to Walter White, May 11, 1943, National Association for the Advancement of Colored People Papers (Library of Congress, Washington, D.C.); cited hereafter as NAACP Papers. INDIANA MAGAZINE OF HISTORY, LXXXIll (December, 1987). ’ 1987, Trustees of Indiana IJniversity 302 Indiana Magazine of History to whites.” The few blacks who had the money to travel could not stay at hotels. There were reports that blacks in Indianapolis were sometimes relegated to the back seats of public buses. In some cit- ies railroad stations displayed signs designating waiting rooms “For Colored.” Numerous complaints about the denial of access to public parks and recreational facilities were sent by Hoosier blacks to the national NAACP office. In Indianapolis a separate park (Douglass Park) and golf course were developed “for colored people.” When blacks sought to use facilities in other parks, authorities made it clear that they were not welcome and refused to issue permits for such events as picnics.2 In Gary there were numerous racial incidents over the use of public parks. Park police drove black children away from public playgrounds. In 1937 state troopers were used to drive blacks away from public beaches. Another continuing grievance was the denial of use of hospital facilities. Blacks were admitted to Jim Crow wards in the Indianapolis City Hospital and a few other hospitals in the state but were completely barred from most. An 1879 law permit- ted, but did not mandate, authorities to maintain segregated school systems. Following the increase in black population that began with the “Great Migration” during World War I, segregation in schools as well as other areas of society tightened during the 1920s. In Indianapolis, Gary, Evansville, and some other cities and in smaller communities in the southern part of the state, school systems were segregated. There were many complaints over the dilapidated and inferior school facilities and the unequal educational opportunities for blacks in these schools. As high school athletics became a sub- ject of major interest and school pride, the rule that barred teams from black schools from participation in tourneys with teams from white schools became an added grie~ance.~In 1933 Freeman Ran- som, a lawyer and one of the most highly respected members of the Indianapolis black community, wrote to the national office of the NAACP that: “The Negro suffers every type and kind of discrimi- nation in this state that he suffers anywhere, even jim-crow thea- ters and moving picture houses. In fact our pictures in the mile square-that is downtown-refuse absolutely to admit Negr~es.”~ Robert Bailey, a civil rights lawyer, wrote about a case of assault and battery that arose out of the refusal of a restaurant to allow a black customer to sit on a stool while waiting for a hamburger to be cooked for him to carry out. Robert Bailey to White, September 16, 1929, NAACP Papers. See, also, Robert Bailey to William Pickens, January 28, 1937, ibid.; Milton Kaplan to National Legal Committee, Jan- uary 16, 1940, ibid.; and Indianapolis Recorder, July 24, 1926. 3 For some examples see L. Campbell to Robert Bagnall, August 4, 1930, NAACP Papers; Resolution of Gary NAACP to Gary City Council, August 12, 1932, ibid.; Kathryn Bailey to White, August 23, 1937, ibid.; Thurgood Marshall to Kathryn Bailey, August 26, 1937; and Emma Lou Thornbrough, “Segregation in Indiana during the Klan Era of the 1920’s,” Mississippi Valley Historical Reuiew, XLVII (March, 1961), 594-618, passim. Freeman Ransom to Pickens, March 10, 1933, NAACP Papers. Breaking Racial Barriers 303 From the foregoing it is apparent that in spite of its northern location Indiana was indeed a segregated society. Segregation in public education was authorized by state law, but other forms of segregation and discrimination persisted and increased in spite of a state civil rights law that was enacted in 1885 and never re- pealed or amended. The law declared that all persons were “enti- tled to the full and equal enjoyments of the accommodations, advantages, facilities and privileges of inns, restaurants, eating- houses, barber shops, public conveyances on land and water, thea- ters, and all other places of public accommodations and amuse- ment, subject only to the conditions and limitations established by law and applicable alike to all citizens.” Violation of the law was a misdemeanor punishable by a fine of one hundred dollars or im- prisonment for thirty days or both or by payment of a forfeit of one hundred dollars to the injured party.5 From the time of its enactment the law was generally a dead letter, so widely ignored that most citizens were probably unaware of its existence. Because enforcement was almost entirely a discre- tionary matter on the part of the county prosecutor and because nearly all prosecutors hesitated or refused outright to act, it was almost impossible to get the law before the courts to establish a precedent-making rule. On the rare occasions when a case was tried the law was given the narrowest possible interpretations. In 1920 the Indiana Appellate Court ruled that an ice cream parlor was not an “eating place” within the meaning of the 1885 law. In 1941 the state Supreme Court ruled that requiring “colored persons” to occupy a separate section of a theater was not a violation of the law and that the injured party did not have the right under com- mon law to sue for damages in excess of the amount provided for in the law. Most blacks lacked the money and the will to prosecute seemingly hopeless cases. In the unlikely event that a successful suit appeared probable the defendants usually preferred to settle out of court rather than risk the publicity of a trial which might have the effect of opening their establishment to unwanted black patrons.6 For blacks the only answer appeared to be a stronger civil rights law with machinery for enforcement. This necessitated ac- tion by the state legislature. Blacks were politically weak, but in spite of the other legal and extralegal disabilities which they suf- fered, they could exercise the right to vote without restrictions. From the time they first acquired the franchise through the adop- Indiana, Laws (1885), 76. 6 Chocos et al. v. Burden, 74 Indiana Appellate Reports 242 (1920); Bailey v. Washington Theater Co., 218 Indiana Reports 513 (1940); Emma Lou Thornbrough, The Negro in Indiana before 1900: A Study of a Minority (Indiana Historical Collec- tions, Vol. XXXVII; Indianapolis, 19571, 260-66. 304 Indiana Magazine of History tion of the Fifteenth Amendment after the Civil War, Indiana blacks, like most members of their race in the nineteenth century, were nearly all loyal to the Republican party. In a period when political power was almost evenly balanced between the Republi- cans and Democrats in Indiana, Republican politicians sought their votes and awarded a few with minor political appointments. After 1896, when the Republicans entered upon a long period of domi- nant status and the “lily white” movement in the party spread northward, black voters and issues of concern to them were ig- nored. In the 1920s the close identification of the Republican party with the Ku Klux Klan in Indiana caused many blacks to defect from the GOP and vote the Democratic ticket for the first time.7 The Great Depression and the relief programs of the New Deal brought a permanent exodus of the rank and file of black voters from the Republicans to the Democrats.
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