League of Women Voters of Missouri 'UBLIC ACCOMMODATIONS SEPTEMBER 1960 6640a Delmar Boulevard University City 30, Missouri PRICE - 300 TABLE OF CONTENTS Page I CURRENT AGENDA ITEM #3 OF THE LWV OF MISSOURI 1960-61 1 II OVERVIEW OF HUMAN RIGHTS IN MISSOURI: THE PROBLEM 1 III REVIEW OF LEAGUE PREPARATION 2 IV DEFINITIONS OF TERMS U V WHY SHOULD THERE BE A LAW? 5 VI THE EFFECTIVENESS OF LAW 7 VII FEDERAL COMMISSIONS 10 VIII THE LEGAL FRAMEWORK FOR STATE PUBLIC ACCOMMODATIONS LAWS 11 IX STATE PUBLIC ACCOMMODATIONS LAWS 12 X HOW HAVE PUBLIC ACCOMMODATIONS LAWS WORKED? 16 XI A PUBLIC ACCOMMODATIONS LAW FOR MISSOURI 17 XII SUMMARY OF ARGUMENTS 19 XIII THE LEAGUE OF WOMEN VOTERS AND PUBLIC ACCOMMODATIONS . LEGISLATION 20 <a LEGISLATION FOR THE RIGHT TO PUBLIC ACCOMMODATIONS SEPTEMBER I960 I CURRENT AGENDA ITEM #3 OF THE DOT OF MISSOURI 1960-61: "Extension of Human Rights Through a Public Accommodations Law for theState of Missouri." Principle 9 of the Program of the IWV of the U.S.: "Protection of Minority Groups Against Discrimination." II OVERVIEW OF HUMAN RIGHTS IN MISSOURI; THE PROBLEM The citizens of Missouri are becoming increasingly aware of the dis­ comforting conflict that exists between the statements of policy in our official documents and their implementation. The Missouri Constitution and its Bill of Rights guarantees to every citizen equal opportunity and equal protection. Section 2, Article 1, the Missouri Constitution says: "That all constitutional government is intended to promote the general welfare of the people 5 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 opportunities under the law; that to give security to these things is the principal office of government and that when government does not confer this security, it fails in its chief design." The Declaration of Independence and the Constitution of the United States hold these same principles. Keeping in mind that Missouri is a "border" state, with some modes and customs of the South along with influences and patterns of the North, our state is in a focal position to close (or at least narrow) the gap between official pronouncement and practice. Even though our stress in this discussion is on racial discrimination, it is to be remembered that religious and ethnic tensions are present to a lesser degree. At the present time, there are an estimated U,383,300 people in Missouri; there are approximately 337,901 Negroes. Thus, 7.8$ of the popula­ tion is Negro. The Missouri Commission on Human Rights reports that, in the area of Public Accommodations, Negroes are prohibited from using the eating and/or sleeping accommodations in the majority of Missouri's hotels, motels, restaurants, cafes, and soda fountains. Several large cities provide excep­ tions, but these exceptions are confined to the larger downtown establishments. The report by the Missouri State Advisory Committee to the Federal Civil Rights Commission in Washington, D.C. (March I960) states: "Only in Kansas City and Saint Louis (Jefferson City has since been added) are colored guests accommo­ dated in hotels. Downtown theaters in those cities are also open to colored patrons, as are the theaters in Jefferson City and several other communities. With these exceptions, however, places of public accommodations in Missouri are generally closed to colored people." (l) 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.