League of Women Voters of Missouri

Kansas City has a Public Accommodations law - but it is being challenged in the courts by restaurant owners. However, a number of the larger downtown restaurants, department stores, and hotel restaurants are open. The situation is the same in St. Louis, although St. Louis does not

(1) From "Abstract of The Study of Human Rights in Missouri," Missouri Commission of Human Rights, April, i960. have a Public Accommodation ordinance. Jefferson City and St. Joseph, on a . . voluntary plan, agreed to open a number of restaurants, cafes, soda fountains,, and department store eating facilities (March I960).

In education, as of September 1959, only two counties continue to have segregated schools—Pemiscot and New Madrid. (l) However, the Missouri State Advisory Committee reported to' the Federal Civil Rights Commission: "....that the vast majority of colored children are still attending segregated public schools because of residential segregation. Desegregation has resulted in a drop in the number of colored teachers employed, particularly in rural and semi-rural areas." (2)

"Negroes are not employed on the basis of fitness and qualifications for existing jobs in private or state employment, but fill mostly menial and unskilled occupations. Equal opportunities are not given to Negroes for up grading and promotions on the job, and few Negroes hold positions above the unskilled level. Union membership is denied to a. large segment of the Negro labor force." (3)

As to recreation: "In many.instances there is outright segregation or prohibition of such recreational facilities as town parks, playgrounds, swimming pools, golf links, tennis courts, bowling alleys, skating rinks, movies, amusement parks, and drive-in movies." (h)

The'Missouri Commission is planning to issue a comprehensive report on' Human Rights in Missouri this fall with -documentation of these points. But we can assume that the general situation has not changed radically, and there Is much to do on the state,level to realize equal opportunity and full exercise of.human rights for all the people of Missouri.

The League of Women Voters has affirmed the principle that a State Public Accommodations law will help in ending discrimination toward minority groups. What the members must decide is: What kind of a Public Accommoda tions law would be most effective for Missouri? We will want to discuss: Why should there be a law? How effective are laws in changing patterns in our society? What kinds of public accommodation laws do other states have? What is the role of the League of Women Voters in obtaining legislation to equalize opportunities for all people in Missouri?

Ill REVIEW OF LEAGUE PREPARATION:

"The League of Women Voters is an organization whose purpose is to act on governmental issues in the public interest and to develop citizen re sponsibility for government. We recognize that the field of education for better understanding, and tolerance toward minorities is vast. Our particular

(1) "The Civil Rights Story...A Year's Review," Theodore Leskes, Institute of Human Relations, I960, po7«

(2) Op., cit. "Abstract of the Study of Human Rights in Missouri."

(3) Preliminary Report of the Missouri Commission of Human Rights, Vol. 1, No. 1, 7/1/58-2/1/59, PoU.

(U) Ibid. p.U contribution to the solution of the problem must be that of finding answers to the question 'How can government help to equalize opportunities for minority groups?'." (l)

Since 19U1-U2, the State Program has consistently included an item on Human Rights, either on the Current Agenda or as a Continuing Responsibil ity. In 19U1-U2, under the item, "Revision of the Constitution of the State of Missouri," the League studied "safeguarding of academic freedom and of constitutional rights with special reference to freedom of speech, associa tion and press." Two divergent Constitutional provisions were troubling: (1) Article 1, Section 2 declared: "That all persons are created equal and are entitled to equal rights and opportunity under the law; that to give se curity to these things is the principle office of government "; (2) Article 9, Section 1 declared: "Separate schools should be provided for white and colored children, except in cases otherwise provided by law."

In 19U3-UU, continuing the study of revision, under Public Education, the League worked for "equal educational opportunities for all persons without limitation of age, race, or creed." Failing to secure the desired constitu tional omission of mandatory segregation, the League returned to study, "Analyzing with a view to action the safeguarding and extending of civil rights and equality of opportunity to the citizens of Missouri." In this period, four reports were covered: "The Report of the President's Commission on Human Rights," the Missouri Commission of Equal Rights (a committee of the House of Representatives of Missouri), a studjr of Fair Employment Practice Acts, and "Human Rights in Missouri." Failure of passage of bills to eliminate segrega tion plus recommendations in some of the reports led the League to believe that a Commission on Human Rights, an arm of the government itself, might be the most successful way of gathering facts and persuading the legislature to im prove the inequalities existing in Missouri. By 19li9 the League supported the appointment of such a commission as well as bills to eliminate entirely segre gation at the university and college level but with local option at the elemen tary and high school levelo In order to be able to push for complete elimina tion in segregation, in the event of a favorable Supreme Court decision, the Council, in May 195U, gave to the State Board the power to alter the program to its present form, "Elimination of segregation in the public schools." Soon after, in May 195U, came the Supreme Court Decision concluding that "...separate educational facilities are inherently unequal....therefore, the plaintiffs are... deprived of the equal protection of the laws guaranteed by the Fourteenth Amend ment." The Attorney General of Missouri ruled that Article 9, Section 1 of the Missouri Constitution was Invalid.

By 1953, "appointment of a permanent human rights commission" was a League Item. Twice the League cooperated with other groups in seeking the introduction of a bill creating a Commission with power sufficient to make it effective in gathering information and recommending legislation. A bill (H.B. 125), introduced in 1957, provided for the creation of a Commission on Human Rights empowered to hold public hearings and compel attendance of wit nesses, administer oaths; to issue publications and reports; to create advis ory committees; to encourage creation and establishment of commissions on the county and local level. No termination date was incorporated in the original bill.

(1) Government and Our Minorities. Memo, League of Women Voters of the U.S., 19U5, p.lit. However, a substitute bill was passed and approved by the Governor in June, 1957. This was. a far weaker billo It .created a Commission consist ing of eleven members, one from each Congressional District, to be appointed by the Governor, to encourage fair treatment for and to foster mutual under standing and respect among and to discourage discrimination against any racial or ethnic group or its members. (Religion or creed are not mentioned in the final bill0) The powers and duties of this Commission were to terminate on June 30, 1961, and no funds were providede In the Second Special Session of the 69th General Assembly (1957), the legislature appropriated $9,000 for the Commission, and passed legislation providing for the appointment of the Commission.

In December, 1958, the League made an appearance at a meeting called by the Commission and stated that the League would continue to work.for a strong State Commission. The following February (1959) the League joined in petition with other groups and wrote to the Governor, asking him to call a. Civil Rights Conference in May, 1959s and reaffirmed its complete support of the Commission. At the same time, the State League issued a Call to 'Action to support H0B0 62, calling for appropriations of $36,000 for the Commission, and H.B. 266 providing permanent status for the Commission0 A Senate Committee substitute bill (62) reduced the appropriation to $18,000 and It was finally •' passed and approved by the Governor. H0B. 266, giving the Commission permanent status, was passed by the House and, after hearings by the Senate Committee on Salaries, Resolutions, and Miscellaneous Bills, was also passed and approved by the Governor.

IV DEFINITIONS OF TERMS:

Human Rights may be defined as those rights accorded each individual by the very state of being "human." The Declaration, of Independence states: "We hold these truths to be self-evidento.othat all men are created equal... that they are endowed by their Creator with certain inalienable rightsee." There are personal human rights - those that make it possible to live one's private life without capricious interference from other people or the govern- mento There are economic human rights - freedom from slavery and servitude, the right to work, to own property. There are political and social human rights - including the right to take part in government and vote for repre sentatives who govern; to receive equal protection under the law; to enjoy a full cultural life in accordance with one's artistic, literary or scientific talents and tastes. Human rights are Indivisible and universale

Civil Rights refer to those rights and privileges which are guaran teed by law to each Individual, regardless of race, color, religion, or national origin0 Civil Rights are not inherent; they must be specifically declared«

Public Accommodations Laws are those Civil Rights Laws set up to prevent and/or punish discriminatory practices in facilities that are "open to the public." The definition must be broad - practically each existing statute provides its own definition of what constitutes "places of public accommodation." (Other Civil Rights Laws deal with voting, housing, employ ment, education, etc.). Discrimination is any unfair or unjust treatment or action based solely on race, religion, color, or national origin.

V WHY SHOULD THERE BE A LAW?

Group relations' are interdependent on legal, social, economic, political, and geographic factors; what happens in one area affects another. The League's emphasis is on the legal tide opposing discrimination which seems to be rising at all levels of government. The laws of a community express its morality to a great degree. "Yet we are not satisfied merely to accept a moral rule. When a moral rule, such as the one asserting that each man should be judgedtonly as an individual becomes widely accepted as a verbalism, men seek to embe'dy the principle in a legal measure." (l) A recent editorial in the 'St. Loiiis Post-Dispatch (7/II4/6O) illustrates the application of this principle. "Canada's House of Commons is discussing a bill of rights which recalls, and even follows the outlines of, the first ten Amendments to the United States Constitution...... In such matters, Canada, like Britain, has depended for protection on what is often called an unwritten constitution and that body of laws, customs and traditions has seemed enough...... yet the experience of the United States prompted Canada to consider whether written guarantees are not more secure." "Race relations apart, law unquestionably is often an appropriate and effective mode of regulating behavior. Statutes forbid murder and false advertising, adultery and larceny, and assert thousands of other rules which society enforces through the machinery of state. Moreover, as Dean Roscoe Pound has pointed out, laws may not only set standards but may also help to create habits of conformity to them. Although we know that legal canons gen erally are always being violated to some degree, we know too that they are usually being obeyed. There has never been much support for a regime without law. The debate has almost always been over whether a proposed law is good, de sirable, enforceable, or otherwise proper, not over whether there should be laws.'1' (2)

Law, too, establishes an ethical norm of what an individual's behavior should be. The question often arises, "How can you legislate against prejudice"? "The point sounds plausible, but actually it is weak in two respects. First, we can be entirely sure that discriminative laws increase prejudice - why, then, should not legislation of the reverse order diminish prejudice? Secondly, legis lation is not in fact aimed at prejudice at all, at least not directly. Its in tent is to equalize advantages and lessen discrimination. Further, the estab lishment of a legal norm creates a public conscience and a standard for expected behavior that check overt signs of prejudice. Legislation aims not at controlling prejudice, but only its open expression. But when expression changes, thoughts, too, in the long run, are likely to fall in line." (3)

People will often say: "But we have so many laws. No one pays attention to them anyway." "These kinds of laws do not attack the causes of the difficulties - the inner feelings of hostility"; "It is impossible to enforce laws that run counter to public opinion."

(1) "Equality by Statute;" Morroe Berger,'Columbia U. Press, 1952, p.171.

(2) Race Relations and American Law," Jack Greenberg, Columbia U. Press, 1959, p.2.

(3) "The Nature of Prejudice," (abridged), Gordon W. Allport, Doubleday Anchor Book, 1958, p.U37. 6c

Gordon Allport, one of the most respected scholars of the psychology of prejudice, answers: "While it is true that unless a fairly large percentage of the people are in favor of a law it will not work, yet it is false to say that folkways must always take precedence over stateways. It was the Jim Crow laws'in the South that in large part created folkways« Similarly, we have seen that FEPC legislation quickly creates" new folkways in a factory or department store. Within a very few weeks, Negroes, Mexicans, or Jews are accepted as a natter of course in occupations where for decades they had not been accepted."(1) We-, in Missouri, have witnessed the establishment of new folkways in the fall of' 195U, when schools all over the state opened their doors to all children*

The report by the Missouri Advisory Committee to the U.S. Commission of Civil Rights states (in regard to higher education):

"Nearly all college administrators assert that integration of students has proceeded smoothly on their campuses. This is also applicable to private colleges, many of which, like Parks College, the University of Kansas City, Washington University, and St. Louis University, have opened their doors to Negro students.

"The daily association of Negro and white students in classrooms, cafeterias, libraries, recreational and social events and many other activities, is working a gradual transformation in racial attitudes among members of both groups. Both Negro and white students develop respect for each other as person alities. Individuals of both races, pursuing common educational goals, discover that they have mutual aspirations and, therefore, begin to communicate. This holds for the older student as well as for youth. Mrs. Elaine Aber, a former Lincoln University graduate, in her study revealed that by far the largest major ity of white students attending the college reported that their attitudes toward Negroes have become more favorable since their enrollment." (2)

It is often argued that education must come before legislation. This is true wp to a point - but insisting that a choice (education or law) must be made is meaningless. Law is, in itself, education. Through the mass media, the publicity given to lawsuits makes the laws well known. Debates and hear ings, as part of the legislative process, inform an alert electorate.

"What we are speaking of is the basic habit of democratic society. After free, and often fierce, debate, citizens bow to the majority will. They do so with a special kind of willingness if the legislation is in line with their own private conscience. On this point, civil rights legislation has a marked advantage. It has been noted that Americans have a deep conviction that discrimination is wrong and unpatriotic. While their own prejudices may make them squirm and protest in opposition to proposed laws, they may also sigh in relief if the law, in accord with their "better nature" is passed - and enforced. People need and want their consciences bolstered by law, and this is nowhere more true than in the area of gro-jp relations.

"Actually, in the United States, stateways - at least as expressed in the Constitution - are in advance of folkways. The Constitution is clear in its intention that total democracy shall prevail. Thus the 'official' morality of this country is high, although private morality is in many respects low. The contrast with certain other lands, for example, Germany under Hitler, is striking. There the official morality (discrimination, persecution

(1) Ibid,, p»U38. (2) Report to the U.S. Commission on Civil Rights on "Desegregation of Schools in Missouri by the Missouri Advisory Committee," July 195'9, p.175'. expropriation of minority groups) was low, and the morality of many private citizens •immeasurably higher. But in the United States, official morality sets a high ideal. Furthermore, it is expected that the laws of the land shall lead and guide the folkways. Even the violators may approve them in principle. Traffic laws, we know, are often broken, but no one wants to live without them.

"A final argument in favor of remedial legislation is its ability to break into vicious circles. When group relations are bad, they tend to worsen. Thus, the Negro who is deprived of opportunities for equal employment, equal facilities for health and growth, sinks into an inferior position. He is then regarded as a lower species of mankind and treated with contempt. His oppor tunities continue, therefore, to deteriorate, and his situation becomes worse. Neither private efforts nor education can break into this aggravated tangle. Only strong, publicly supported legislation can do so. Police powers may be needed to start the spiral of improvement in housing, health, education, and employment. When discrimination is eliminated, prejudice, as we have said, tends to lessen. The vicious circle begins to reverse itself." (l)

VI THE EFFECTIVENESS OF LAW:

Just by taking a look at a brief historical outline can we see what changes have come about in society through law. Justice Holmes said: "the life of the law has not been logic; it has been experience." Generally, American law has been pragmatic; and a debate about whether laws arise to the challenges of society or whether laws, in turn affect society, can be endless. For our purpose we shall accept both points of view.

Post-Civil War legislation reveals patterns of laws that were es tablished to meet the needs of an era deeply involved with social, economic, political, etc. problems.

In 1865, Congress passed the Thirteenth Amendment abolishing slavery.

In 1866, Congress passed the Civil Rights Act guaranteeing Negroes "full and equal benefit of all laws and proceedings for the security of person and property."

In 1868, the Fourteenth amendment was ratified which forbids states to make or enforce laws limiting certain rights of United States citizens and of other persons.

In 1867, peonage was outlawed.

In 1870, the Fifteenth Amendment took effect, protecting the Negro's right to vote.

In I87O, Congress reenacted the Civil Rights Act of 1866.

In I.87I, Congress passed a law protecting all persons in the exer cise of their rights under the Federal Constitution.

(1) Op. Cit. Allport p. k3B-hkO. In 187^, Congress enacted a comprehensive law to guarantee all persons equal accommodations in places and means of transportation, (l)

By these acts and amendments Congress sought to secure effective equality for the Negroes as American citizens. However, political and economic developments began to distract the nation from the problems of the Negroes, and the civil rights program began to deteriorate. By 1877, the Congress began to repeal most of the Reconstruction civil rights legislation. The Supreme Court placed narrow interpretations upon the lUth and l£th amendments, leaving their legal implementation to the individual states. The culmination of many Supreme Court decisions on civil rights was the Plessy v. Ferguson decision in I896 which upheld a Louisiana statute requiring railways to segregate their passen gers by color. The Court asserted that "legislation is powerless to eradicate racial instincts...... if one race be inferior to the other socially, the Consti tution of the United States cannot put them upon the same plane." It was this decision that established the principle of "separate but equal," and in effect gave constitutional sanction to all forms of segregation.

,. With this encouragement, the southern states supplemented the cus tomary segregation of Negroes and whites through laws in education, housing (zoning), employment and facilities on the job, transportation, and discrimina tion in voting rights, selection of juries, security from lawless violence (including lynching, police brutality).

In the North, some states enacted laws similar to the invalidated federal law of 187%S but because the decisions of the Supreme Court did not support the intent of Congress, these statutes did not get vigorous enforce ment o

It wasn't until the 1930's that a second period began in which the government and the American people were actively concerned with group relations. Between these two periods have come immigration, America's severest depression, World Wars, the New Deal, the Fair Deal, etc. "Under the impact of these develop ments, the American conception of the role of government has changed and atti tudes toward racial and religious minorities have become more favorable. As a result, the civil rights of these minorities are, in our day, protected by the state. All levels of government do things that affect us more intimately than before, and in these activities government is increasingly providing services without discrimination. State governments have relied upon new legislation as well as upon administrative and executive power. This legislation is of a new type - it asserts that discrimination harms not merely the victim but the com munity as well, and consequently makes a state agency responsible for reducing the incidence of discriminatory practices." (2)

"Perhaps the keynotes of civil rights jurisprudence of 1938-5li and indeed today were sounded by the language of two cases involving the rights of Japanese-Americans. Hirabayashi v. United States (19U3), while upholding a curfew on Americans of Japanese descent on grounds of urgent military need, stated:

'Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality.'

(1) "Equality by Statute," Morroe Berger, Columbia U. Press, 19^2, p.8.

(2) Ibid. p.3S. Korematsu v.iUnited States (I9hh), which validated transfers of members of this same group to wartime relocation camps, asserted that 'all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial an tagonism never can.' " (l)

"Even well before the School decisions, patterns of race relations followed patterns of the law countless times in various human activities all over the nation toward the obliteration of racial distinctions. After outlawry of the White Primary in 19UU, Southern Negro voting registration rose in a short time from a few hundred thousand to well over a million, and it continues to go up. The teachers' salary cases equalized Negro and white teachers' salaries throughout the Southern states. The Sweatt and McLaurin decisions (1950) were crucial to the admission of thousands of Negroes to institutions of higher learning. Suits for non-discriminatory interstate rail and bus accommodations reversed segregation on carriers. The School Segregation litigation was indis pensable in desegregating hundreds of school districts. Few social changes have been as thorough and striking as school desegregation after the Supreme Court decisions of May 17, 195H, in the District of Columbia, Louisville, St. Louis, Wilmington, Delaware, virtually the entire states of Missouri, Oklahoma, West Virginia, large parts of Kentucky, Maryland, Texas, and else where. Law has also reversed educational segregation In Arizona, Illinois, Kansas, New Jersey, New Mexico, New York, Ohio, and other non-Southern areas, where outright, purposeful segregation has been forbidden and occasionally, de facto segregation caused by housing patterns alleviated.

"Public recreation has been opened to Negroes in scores of cases by court decree. Local and trolley lines throughout the South have desegregated in large numbers since a 1957 Supreme Court decision. Following the Supreme Court's holding that a long-forgotten District of Columbia civil rights law was still effective, the District underwent a rapid transition which in a short time revamped it - so far as racial practices in public accommodations were concerned - from a city resembling Atlanta to one like New York. Fair Employment Practice Commissions have proven their capacity to increase minor ity employment. By government edict the armed forces were rapidly transformed from America's largest segregated institution to its largest nonsegregated one.

"From another angle, often the only barrier to nonsegregation has been laws requiring separation. Hundreds of occurrences in the South attest that this.is true« A classic instance is Berea College, which, in 1908, was forced by Kentucky's segregation law to eject Negro students. When this law was devitalized in 1950, Berea and scores of Southern private institutions of higher learning were able to, and did voluntarily, admit Negroes. In another area, after legal enforcement of restrictive covenants was outlawed by the Supreme Court, Negro housing in many communities spread through sections from which it had previously been barred." (2)

The following is a summary of some of the major civil rights cases that led to the collapse of the "separate but equal'1 principle of Plessy v. Ferguson:

(1) 0po Cit» Creeriberg, p.39«

(2) Ibido pdi-5 10,

Land vP Wilson (1939) and Smith v0 Allwright (19U1*), involving voting?

Shelley vn Kraemer (19U8) and Barrows v. Jackson (1953), involving restrictive covenants j

Missouri ex, rel» Gaines v» Canada (1938) and Sweatt To Painter (191»«/, d 0 MeLaurin ve Oklahoma State Regents (1950), and Brown v°„J^H. „ ^ §^H££^25 (195ii and 1955) (the last comprising the SchoolHSegregatlon Gases, four suits decided under this single title, all involving education);

Morgan Vo Commonwealth of Virginia (19U6) and Gayle ye Browder (1956), in volving interstate and intrastate travel, respectively;

Mayor and City Council of Baltimore v0 Dawson (1955), involving recreation;

Chambers v. Florida (I9l|0) and Fikes v0 Alabama (191*7), involving coerced con fessions;

Shepherd v» Florida (195l) and Hill v0 Texas (192*2), involving discrimination in the'selection of jurors;

NAACP Vo Alabama (1958), involving the right to associate freely to promote civil rights, (l)

VII FEDERAL COMMISSIONS:

In 191*7* the report of the President's Committee on Civil Rights, "To Secure These Rights," under the Sections "The Condition of Our Rights, h» The Eight to Equality of Opportunity - The right to Public Services and Accommodations," stated: "Services supplied by the government should be dis tributed in a non-discriminatory way. Activities financed by the public treasury should serve the whole people; they cannot in consonance with the democratic principle, be used to advance the welfare of a portion of the popu lation only* Moreover, many privately-owned and operated enterprises should recognize a responsibility to sell to all who wish to buy their services• They cannot be permitted to confine their benefits to a selected clientelee This is particularly true of those private businesses which hold franchises from the state or enjoy a monopoly status0 Even when no franchise has been granted, and competition exists, certain private businesses because of the essential character of the services they render should serve all comers..."

Under this Committee's recommendations to strengthen the right to equality of opportunity, it was pointed out that the elimination of discrim ination and segregation depends largely on the leadership of the Federal and State Governmentse They can make a great contribution toward accomplishing this end by affirming in law the principle of equality of access for alio

In 19U7. eighteen states had statutes prohibiting discrimination in places of public accommodation,, These states forbade discrimination in res taurants and usually in other eating places• Most of them also prohibited discrimination in public conveyances of all types, and many of them, included theaters, and barber shops. All the state statutes Included some general

(1) Ibido p.U0. 11, phrase, such as '"and all other places of public accommodation." The courts, however, tended to limit the general phrasing by the list of specific places. Statutes were enforced by criminal action or by a civil suit for damages. Both methods were expensive and time-consuming and rested mainly on the in dividual complainant.

At the other extreme, twenty states by law compelled segregation in one way or another. The remaining ten had no laws on the subject.

The report of the Committee also noted that sometimes the pattern of segregation in public-service facilities spread from states having com pulsory segregation to those states which were free of it. For example, the Pennsylvania Railroad in its terminal in New York City would separate Negroes in coaches on through trains going to the South, even though it did not do this on its own trains which went only to Washington, D.G.

In 1957s Congress passed the Civil Rights Act which established a six-member temporary Commission on Civil Rights, and authorized it to inves tigate sworn complaints that citizens had been denied the right to vote be cause of race, religion, or national origin; to "study and collect information" concerning legal developments constituting a denial of the "equal protection of the laws"; and to evaluate the laws and policies of the Federal government. Although Congress gave the Civil Rights Commission broad authority, the Com mission chose to concentrate only on three subjects? voting rights, public education, and housing.

The report of the Commission was submitted to the President and the Congress on September 9, 1959. It covered recommendations only in these three areas which were found to be fundamentally inter-related by the Commission. The report concluded with a plea for "some dramatic and creative Intervention by the leaders of our national life" — local, state, and Federal, and from private enterprises and voluntary citizens' groups —> to eliminate discrimina tion and demoralization. Equal opportunity and justice are essential for all Americans "with all deliberate speed." Among the first public actions of the Commission was the designation of state advisory Committees to aid the Com mission in the administration of the new Civil Rights Act.

By an amendment to the Mutual Security Appropriations Act passed by Congress on September lU, 1959, the life of the Commission was extended to November 9, 1961. In April, Congress passed the Civil Rights Act of i960.

VIII THE LEGAL FRAMEWORK FOR STATE PUBLIC ACCOMODATIONS LAWS:

The Fourteenth Amendment to the United States Constitution reads as follows: "All persons born or naturalized in the United States and sub ject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

This amendment clearly forbids state-owned facilities and services to discriminate against any citizen, and relatively few racial distinctions 12. in public accommodations or recreation are imposed by statute. However, almost all such facilities, public and private, throughout the South and in many places in the North, either bar Negroes or are segregated by custom, ordinance or regu lation. In the South, in spite of the "separate but equal" decision of Plessy v. Ferguson (1896) (163 U.S. 537), it is extremely rare to find a public facility for Negroes even nearly equal to that available for whites. A 195U survey showed no state park facilities for Negroes in Louisiana, Mississippi, and Texas, al though those states had respectively 7,000, 10,971, and 58,126 acres of parks for whites. In 1952, nine southern states had 12 parks for Negroes and 180 for whites. Litigation and some appropriations have changed this imbalance a little, but essentially it remained the same in 1959. (l)

In Missouri, discrimination against Negroes in places of public accommodation, with few exceptions, is general. "Negroes, in the main, cannot find lodgings in hotels, motels or rooming houses; cannot eat in restaurants, cafeterias, snack bars or roadside stands. Soda fountains, drug counters, ice cream parlors, and similar facilities refuse them service. Possibly no type of discrimination entails so much humiliation, frustration, indignity, and even physical suffering and mental anguish as that resulting from the inability to purchase needed goods and services, even though possessing the means to acquire them.

"Discrimination also exists in recreational facilities, such as theaters, drive-ins, bowling alleys, skating rinks, swimming pools, and golf courses. Where the latter, however, are publicly owned or operated, they are open to Negroes, or would be, if the case were pressed. The Supreme Court of the United States has held that such publicly owned and operated facilities must be open to all persons. (Mayor and City Council of Baltimore v. Dawson, 1955, 35- U.S. 877). As a result, swimming pools and golf courses in St. Louis and Kansas City are open to Negroes. So, too, are pools in Poplar Bluff, St. Joseph, and a few other communities. Jefferson City maintains two pools, one in the Negro section, and the other in a white section." (2)

Privately owned accommodations have been held to be excluded from the Fourteenth Amendment, which prohibits only state action. But when private proprietors discriminate because they are legally required to, even they come under the Fourteenth, as the courts have held in Browder v. Gayle (1957)> more popularly known as the Montgomery Bus Strike. Here the Supreme Court affirmed a district court decree holding state-imposed bus segregation unconstitutional in Montgomery, Alabamao (3)

IX STATE PUBLIC ACCOMMODATIONS LAWS:

Public policy is now sharply and unmistakably defined as based on the precedent-making decisions of the Supreme Court in recent years — there can be no discrimination on the basis of race in any public activity; that is, any activity conducted under public authority or supported by public funds. The rulings in the area of private activity as yet have not been as clearly

(1) Op. Cit. Greenberg, p.80.

(2) "Desegregation of Schools in Missouri," Report to the U.S. Commission on Civil Rights by the Missouri Advisory Committee, Chap, it, sec. 3, "Public Accommodations," p.10.

(3) Op. Cit. Greenberg, p.83. 13. defined, but even here an impressive number of state and local statutes have been enacted, and so far have withstood the test of litigation.

Twenty-six states have enacted public accommodations laws which forbid private proprietors who serve the public to discriminate on racial grounds. These include: Alaska, California, Colorado, Connecticut, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire (covers advertising only), New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, Wyoming, and the District of Columbia, (l)

Legislation forbidding bias in public accommodations has been ac tively sought in other states, particularly those in the West, whose official public policy may be anti-discrimination even though widespread racial dis tinctions exist there.

Some of the State Laws -

NEW YORK

New York has long been the leader in the field with anti-discriminatory laws going back to 1881. Its fair employment act, passed in 19i;5, was the first in the nation. In 1952, the law was amended to cover discrimination in places of public accommodation, and in 1955-56 was extended to publicly-assisted housing.

Under the statute a State Commission Against Discrimination (SCAD) was created in the executive department. Five Commissioners are appointed for five- year terms by the Governor with the advice and consent of the Senate, and one is designated as chairman by the Governor. The Chairman receives a salary of $l6,l;62 annually, and each of the Commissioners a salary of $15,650=

The purpose of the law is defined as "...an exercise of the police power of the state for the protection of the public welfare, health, and peace of the people of this state, and in fulfillment of the provisions of the con stitution of this state concerning civil rights; ...... " The Article (290) goes on to say... "A state agency is hereby created with power to eliminate' and prevent discrimination in employment, in places of public accommodation, resort or amusement and in publicly-assisted housing accommodations because of race, creed, color or national origin...." (2)

Places of public accommodation are defined in specific terms, as follows: "inns, taverns, road houses, hotels, whether conducted for the en tertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; retail stores and establishments, dispensaries, clinics, hospitals, bath-houses, barber shops, beauty parlors, theaters, motion picture houses, airdomes, roof gardens, music halls, race

(1) Ibid. p.101.

(2) "Law Against Discrimination" (as amended through April 28, i960), State Commission Against Discrimination, State of N.Y., 2?0 Broadway, N.Y. City, Article 15, Sec. 290. liic

courses, skating rinks, amusement and recreation parks, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors, gar ages, and all public conveyances operated on land or water, as well as the stations and terminals thereof. Such term shall not include public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of the regents of the state of New York; any such public library, kindergarten, primary and secondary school, academy, college, university, pro fessional school, extension course, or other educational facility, supported in whole or in part by public funds or by contributions solicited from the general public; or any institution, club, or place of accommodation which is in its nature distinctly private." (l)

The Commission has the power to receive, investigate, and pass upon complaints; to hold hearings, subpoena witnesses, compel their attendance, ad minister oaths; to create advisory agencies and conciliation councils; to issue publications and such results of investigations and research that will be help ful in promoting good-will and minimize or eliminate discrimination. (These are only some of the delegated powers). (2)

Any person may file a discrimination complaint with SCAD in any of its three areas of jurisdiction - employment, public housing, or public accom modations. One of the five commissioners is then assigned to investigate. He may dismiss the complaint, or finding cause, begin the process of consultation and conciliation with the offending employer, labor union, public official, or proprietor. If that fails, there is a public hearing culminating in a dismissal or an order to cease and desist.

Any person found guilty of violating an order of the Commission is considered guilty of a misdemeanor and can be punished by imprisonment up to one year in jail or fined not more than $500 or both.

Taking 1959 as a typical year for SCAD, there were 79U complaints accepted —• 81;.5$ pertained to employment, 10.1$ to places of public accommo dations, 5.H$ to public housing. Color was the alleged basis of discrimination in 67.5$ of these cases; creed (primarily Jewish), place of origin (primarily Puerto Rican), and age accounted for the rest. In the same year, SCAD closed a total of 1,187 cases (including some carried over from the previous year). A surprisingly high total of complaints was rejected as not subject to verifi cation. Only 199 were found to have probable cause to sustain charges of dis crimination. Consultation and conciliation settled I89 of these. (3)

SCAD can also formulate policies to carry out the purpose of the law, and may make recommendations to agencies and officers of the state or local subdivisions of government in aid of such policies and purposes.

(1) Ibid. Article 15, Section 292, "Definitions," #9.

(2) Ibid. Article 15, Section 295, "General powers and duties of commission."

(3) St. Louis Post-Dispatch, Thurs., May 10, i960, article by Harry Ashmore. 15*

CONNECTICUT

The Connecticut law is very short and simply stated (in contrast to N«Y.). It says: "all persons within the jurisdiction of this state shall be entitled to full and equal accommodations in every place of public accom modation, resort or amusement.ooand any denial of such accommodation by reason of race, creed or color of the applicant therefor shall be a violation of the provisions of this section, (Section 53-35 as amendedo) (l)

A place of public accommodation. reBort or amusement is defined as "oooany establishment, which caters or offers its services or facilities or goods to the general public, including but not limited to, public housing projects and all other forms of publicly assisted housing, and further in cluding any housing accommodation offered for sale or rent which is one of five or more housing accommodations, all of which are located on a single parcel of land or parcels of land that are contiguous without regard to high ways or streets, and all of which any person owns or otherwise controls the sale or rental." (2)

As penalty for violation of the law, an individual can be fined not less than $25 nor more than $100 or imprisoned not more than thirty days, or both*

AB to procedure, any person, claiming to be aggrieved by a viola tion, may by himself or his attorney, make, sign and file with the Connecticut Civil Rights Commission a complaint, in writing, under oath, which states the circumstances of the violation. The Commission, too, can proceed upon such a complaint, with powers granted to it under a fair employment practices acto

This law might be termed an "umbrella" law, because it does not enumerate specific places of public accommodation, but includes all categories in general terms. This law seems to offer wide coverage and goes beyond the NoYo law since it extends into the area of private housing.

KANSAS

Since 1953, the state of Kansas has had an anti-discrimination Com- missiono Its purpose is to help the state effectuate its policy against dis crimination in employment. It receives, investigates and resolves complaints through conference and conciliation; it has no enforcement powers. In 1959, the Kansas legislature passed an amendment to the General Statutes of 19l;9 declaring: "An Act relating to civil rights, making it a misdemeanor to deny certain rights on account of race, color, religion, national origin or ances try and prescribing penalties for violations thereof...... " (House Bill U67), as amended by the Senate Committeeo

The act provides that there shall be no distinction on account of race, color, etc», in any publicly supported school; hotels, restaurants; any place of public entertainment or public amusement for which a license is re quired by any municipal authority in the state; or on any railroad, bus, streetcar, or other means of public transportation within the state.

(1) State of Connecticut, "The Connecticut Public Accommodations Statute" revision as amended effective 10/l/59«

(2) Ibid. Section 53-35 as amended. 16.

Persons found guilty °f violating the law, upon conviction in a court, shall be guilty of a misdemeanor and fined not more than $1,000.

The inadequacies of the Kansas law are readily observable:

1. It limits jurisdiction to places licensed by municipalities, and therefore its scope does not encompass all places of public accommodation.

2. The individual complainant must go to the local County attorney to seek redress. This, of course, tends to inhibit persons from seeking re lief because of expense and fear of personal reprisal.

X HOW HAVE PUBLIC ACCOMMODATIONS LAWS WORKED?

Admittedly, a legal declaration against discrimination and an end to it in practice are two very different things0 How can one measure changes statistically? Some things can be observed:

lo Civil rights statutes are now constitutionally well established, and Commissions do have governmental prestige;

. 2. The laws are observed to a greater degree when the Commission has the enforcement power to investigate complaints, negotiate informally with the offender, educate the offender in the meaning of the law, and, if necessary, revoke licenses;

3o When enforcement is disregarded by public officials, people tend not to enter complaints;

lj.. When public prosecutors do press cases, and there is no power for revocation of licenses, the offender just pays the fee and continues his illegal policy.

5. The Commissions themselves believe that they have been effective - some more than.others0 Most of the states, with a long history of civil laws, have continually reviewed and revised legislation to broaden the scope of civil rights. In states where there are no Commissions, civil rights groups continue to press for legislation.

6. Most people have accepted the public accommodations laws and com plied with the intention of equal opportunity for all. In very few cases, have overt incidences occurred because of the establishment of the law - and many times the proprietors of businesses were relieved to have the strength of the law behind them in accepting all groups.

Therefore, while we cannot measure how much change the Commissions have brought about, it does seem that they have been a steady, although uneven, influenceo Local and geographic factors bear greatly on a Commission's effec tiveness© For example, the housing situation in a given area would influence the discriminatory practices. When good housing is in ample supply and avail able to many persons, it is easier to have compliance with anti-discriminatory laws in housing. 17 o

In summary: theoretically, it would seem that the best way to end discrimination in places of public accommodation would be by an administratively enforced statute; with adequate resources, and providing for an experienced staff who are expert in the tools of persuasion, investigation, and publicity; with the powers to issue orders and obtain sanction of the courts if they are not obeyed.

XI A PUBLIC ACCOMMODATIONS LAW FOR MISSOURI:

The Missouri Constitution, and its Bill of Rights, guarantees to every citizen equality of freedom and equal protection. It goes somewhat further thaffi the federal Bill of Rights in Its concern for the welfare of all citizens of Missouri. Section 2, Article 1 states:

"That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty and the pursuit of happiness and the enjoyment of the gains of their own industry; that all persons are created equal and are entitled to equal rights and opportun ities under the law; that to give security to these things is the principal of fice of government and that when government does not confer this security, it fails in its chief design."

The government of Missouri expressed Its responsibility In strengthen ing Human Rights when it created the Commission on Human Rights in May 1957* The legislative action was taken upon the recommendation of Gov. James T. Blair, Jr In January 1959, in speaking before the Joint Session of the General Assembly, the Governor said:

"...A distinguished Human Rights Commission was appointed, which will continue to pursue the state's objective of assuring equal rights and opportun ities for all our citizens«"

The Commission consists of eleven members, one from each of the Con gressional Districts of Missouri. They are appointed by the Governor and serve without compensation. In July, 1958, an executive director was employed by the Commission. Initially, the Commission received an appropriation of $9,000, and its tenure was to expire on June 30, 196l; but in 1959, the legislature raised the budget to $20,000 for the biennium and the agency was given permanent status. In addition, the legislature also passed a bill forbidding discrimination in State employment because of race or religion.

The functions of the Commission are: to encourage fair treatment for, and to foster mutual understanding and respect among, and to discourage discrim ination against, any racial or ethnic group, or its members.

The powers and duties of the commission are:

1. To cooperate with other organizations, private and public, to discourage discrimination.

2. To conduct research projects or make studies into and publish reports on discrimination in Missouri.

3. To receive and investigate complaints of discrimination, and to recommend ways to discourage discrimination. 18,

1;. To make an annual report to the governor and general assembly of Its activities.

In May, 1959, these duties and powers were expanded by the General Assembly (75th) to include:

1. The power to hold public hearings, and

2. The power to request the attendance of witnesses at such hearings, (l)

In the Commission's Report, "What The Commission Has Accomplished, through 7/1/60" are listed the activities that have been completed:

1. Investigated some 22 complaints or situations referred to the Commission.

— In two cases, matters settled, case closed — In four cases, matter still being investigated. Probable cause exists. — In eight cases, matter Is a civil affair, outside the jurisdiction of the Commission. Cases closed. — In two cases, complainants are in Chicago and Germany. cases closed. — In two cases, complainants are mental cases. Cases closed. — In three cases, complainants are in Missouri Peniten tiary. Closed. — In one case, matter involved alleged religious dis crimination. Complainant withdrew. Case closed.

2. PRELIMINARY REPORT submitted to Governor and General Assembly (2/1/60).

3. A questionnaire on Human Rights was prepared and distributed to the 111; counties of Missouri (initial returns were evaluated and pub lished) .

5. December 5, 1958, meeting of citizens in Jefferson City.

6. Prepared pamphlet for schools on work of the Commission; and a Teaching Unit on Human Rights for the high schools...in cooperation with the State Department Of Education. Began distribution.

7o Held 9 Commission meetings.

8. Introduced human rights material into the Department of Education on GUIDE FOR SOCIAL STUDIES, Grades 10-11-12.

9. Held meetings with the Governor; and appeared in support of or jurisdiction of human and civil rights legislation before House and Senate Committees on numerous occasions.

10o Public Relations work: numerous radio, TV and personal appearances to explain the work of Commission; news releases; magazine articles,

(l) "Missouri's Commission on Human Rights, What is it? What Does It Do? How Does It Work?" (Pamphlet published by the Commission). 19.

The report continues to list a total of 2$ completed activities, activities in process (26), and projected aims... Among the future projects of the Commission is the discussion of Public Accommodations legislation.

Xn SUMMARY OF ARGUMENTS:

1* What is the problem in Missouri? Are us® not creating problems by raising the issue?

The reports of the Human Rights Commission and the "Report to the United States Commission on Civil Rights by the Missouri Advisory Committa©" testify that minority groups, and particularly Negroes, do not have equal rights and opportunities in Missouri* There is widespread discrimination against Negroes in employment, which results in unemployment and lower in comes© They are not hired on the basis of fitness and qualification. Housing for Negroes is almost as critical as employment© This, of course, affects other institutionsj, especially the schools.

As to public accommodations, the reports state that there is a general discriminatory pattern in Missouri; only in the larger cities do hotels, theatres, and some restaurants accommodate Negroes; with these ex ceptions, places of public accommodation, resorts. and places of amusement are generally closed to colored people. Places of public accommodation lag behind the colleges in making their facilities available to all students*.* The pattern is not uniform; some do, some do noto

20 Why do we need a law?

(a) Wouldn't education resolve inter-racial conflicts?

Admittedly, education is a positive factor in good human relations, but education alone does not seem to be effective. Tremendous sums of money have been spent on public and private education in this country. Although a large percentage of the adult population is the product of this training, both prejudice and discrimination are very much in evidence. The leaders of all the major religious groups have spoken in favor of equal rights for all, but they* too* are pressing for legislation to implement religious principles.

Law is education; the interest, discussion, controversy, publicity and intense concern involved in legislative procedure are all educative. The history of human growth has shown a tendency to establish standards of behav ior through lawo Further, law is not aimed directly at prejudice, but at the open expression of prejudice - discrimination, which is unfair treatment of any person because of his color, religion, or ethnic origin.

(b) Isn't a public accommodation law a limitation of the freedom of the man to run his business the way he wishes?

This question assumes that the businessman has complete freedom in his business practices now* This is not so; he is restricted in many ways: the manner in which he advertises (size of signs); sanitary laws, health laws, zoning laws, and many more. Freedom is not license for anyone - all citizens are limited in some ways by law; but, in consideration cf the welfare of the people as a whole, no individual has the freedom to interfere with the civil rights of another because of color, religion,' or ethnic origin» A pub£To • 20. accommodation law would declare •equality: of access to place's. of public accom modation a civil right, which is guaranteed by the Missouri Constitution in principle.

.•- (c) In a democracy, the majority rules. If a. ,y.' majority of citizens wish to practice discrimination, doesn't , this set the'standard?

. No, because we do not live in a "pure" democracy. The United States is a republic, a limited democracy. The principles of law in government set the standards for citizen action. Every citizen owes obedience to the laws under which he lives. ... He. may criticize them and try to change them, but he has no right •to.disobey them."'.

• . 3. How can laws change people?

The law can change the habits of peoples' behavior;, we. have seen this happen in Missouri. Missouri's public schools had been traditionally segregated - a constitutional provision of 1865 provided that separate schools be set up for white and Negro children. An 1880 statute made it illegal for Negro and white children to attend the same school. After the 195U School Decisions, desegrega- • tion began immediately, until, at the present time, all, but in two counties, children.in Missouri attend schools in integrated situations.

"Desegregation has succeeded well in Missouri because the community and all others involved have accepted it. The returns (from the report) show, overwhelmingly, that parents, teachers, students, and the community at large have accepted desegregation. This does not mean that the community as a whole favors the integration of schools. More realistically, it means that most communities recognize desegregation is required by the law of the land, and accept it as such.

"The process of desegregating the schools has proceeded smoothly. There have been a few minor incidents, but nothing serious enough to affect the relatively smooth functioning of the integrative process." (l)

XIII THE LEAGUE OF WOMEN VOTERS AND PUBLIC ACCOMMODATIONS LEGISLATION:

The Missouri League of Women Voters, by voting to place the item, "Extension of Human Rights Through a Public Accommodations Law" on the State Agenda, is acting on a governmental issue in the public interest, seeking solutions to the ways in which government can help to equalize opportunities for minority groups. At this time, the purpose of this discussion is to study the place of law in our society, some changes that have come about through law, the historical background of civil rights laws, public accommodations laws of other states, and the situations in Missouri. We proceed in this way so that we will be able to understand and intelligently evaluate any public accommoda tion legislation that might be introduced in the next legislative session next January. At that time, we will discuss a specific bill (or bills), and then reach consensus, leaving the final decision on the bill that most nearly meets our agreed position to the State Board.

(1) Op. Cit. "Report to the U.S. Commission on Civil Rights" - p.183. w

21.

Procedure: 1* Study by Committeeo

2* Study and Discussion by League Membership.

3* Education in the Community.

U* If a Bill that is satisfactory to the Missouri League is presented to the Legislature, we will actively support it by:

(a) Writing our representatives. (b) Attending and speaking at hearings. (c) Obtaining the support of others in the community to write and attend hearings* BIBLIOGRAPHY

Allport, Gordon W*» The Nature of Prejudice, (abridged), New York, Doubleday Anchor Book, 1958.

Berger, Morroe, Equality by Statute, New York, Columbia University Press, 1952.

Greenberg, Jack, Race Relations and American Law, New York, Columbia University Press, 1959.

League of Women Voters of the U.S., Government and Our Minorities, Memo, 19li5.

Leskes, Theodore, The Civil Rights Story...A Year's Review, New York, Institute of Human Relations, I960.

Missouri Commission of Human Rights, Preliminary Report, Vol. 1, No* 1, Jefferson City, 1959. . .

Missouri's Commission on Human Rights, What Is It? What Does It Do? How Does It Work? (Pamphlet published by the Missouri Commission on Human Rights), Jefferson City.

Report to the U.S. Commission on Civil Rights, Desegregation of Schools in Missouri, Missouri Advisory Committee, 1959.

State of Connecticut, The Connecticut Public Accommodations Statute, revision as amended effective 10/1/59.

State of New York, (SCAD), Law Against Discrimination, as amended through U/28/60. SUGGESTED READING LIST

BOOKS

Hays, Brooks, A Southern Moderate Speaks, Chapel Hill, U. of N. Carolina Press, 1959. La Farge, S.J., John, The Catholic Viewpoint On Race Relations, N.Y., Hanover House, 1956. Myrdal, Gunnar, An American Dilemma, N.Y., Harper, 19UU. Warren, Robert Perm, Segregation, N.Y., Random House, 1956. Woodward, C. Vann, The Strange Career of Jim Crow, N.Y., Oxford U. Press, 1955 To Secure These Rights, Report of the President's Committee on Civil Rights, Nov. 19U7. With Liberty and Justice For All, an abridgement of the Report of the U.S. Commission on Civil Rights, 1959.

MAGAZINES

Atque Vale, John Steinbeck, Saturday Review, July 23, I960. The Coming Battle of Atlanta, Douglas Kiker, Look, June 21, i960. Graduation at Farmville, John I. Brooks, The Reporter, July 7, I960. Plain Talk on Civil Rights, Sen. Paul H. Douglas vs. Sen. Herman E. Talmadge, Readers Digest, July I960. A Plea For An End to Intolerance, Billy Graham, Life, Oct. 1, 1956. Segregation, Survey Graphic, Jan. 19l;7« The Siege Over Civil Rights, Life, Mar. lU, I960. The Supreme Court Decision: Five Years Later, Harry Ashmore, Edward D. Ball, Omer Carmichael, Hodding Carter, Ralph McGill, Saturday Review, May 23, 1959«