The court ruled unanimously that the Civil Rights Act is constitutional and that it was properly applied against Ollie's Barbecue.[6]. among the several States" and Clause 18 of the same Article grants it the power One was that the Court had no equity jurisdiction. made specific findings which were embodied in those statutes. The court ruled unanimously that the Civil Rights Act is constitutional and that it was properly applied against Ollie's Barbecue. U.S. 802

[379 The government moved to dismiss the complaint upon two, essentially two grounds. Part of the Act prevented restaurants serving interstate travelers, or receiving a substantial amount of their food from interstate commerce, from discriminating on the basis of race.

The Court held that Congress acted within its power under the Commerce Clause of the United States Constitution in forbidding racial discrimination in restaurants as this was a burden to interstate commerce.

Both ultimately lost.

."

 

Does a restaurant's refusal to serve blacks burden interstate commerce to an extent that Congress can legitimately prohibit such discrimination? There we outlined the overall purpose and operational plan of Title II and found it a valid exercise of the power to regulate interstate commerce insofar as it requires hotels and motels to serve transients without regard to their race or color. This resulted, it was said, because discriminatory practices prevent Negroes from buying prepared food served on the premises while on a trip, except in isolated and unkempt restaurants and under most unsatisfactory and often unpleasant conditions. 379 U.S. 294.

In this Court, we press the same two arguments. Prac. Because of this, McClung argued that Congress had no power to regulate Ollie's Barbecue under the Commerce Clause.

Gibbons v. Ogden, 9 Wheat. has contended that Congress had ample basis upon which to find that racial discrimination at restaurants which receive from out of state a substantial portion of the food served does, in fact, impose commercial burdens of national magnitude upon interstate commerce.

In section 4 of the opinion, the Court held that racial discrimination in restaurants had a significant impact on interstate commerce and so Congress has the power to regulate this conduct under the Commerce Clause.

With him on the briefs was William G. Somerville. .

(1958 ed.).

Well at the appropriate time for that – the department really didn't have any knowledge about the restaurant. (1938), for the evidence presented at the hearings fully indicated the nature and effect of the burdens on commerce which Congress meant to alleviate. The court's conclusion that such a connection is outside "common experience" flies in the face of stubborn fact. [379 [379 233 F. Supp. Congress passed the Civil Rights Act of 1964[1] outlawing segregation in American schools and public places.

McClung argued that the Civil Rights Act was unconstitutional, at least as applied to a small, private business such as his. A comparison of per capita spending by Negroes in restaurants, theaters, and like establishments indicated less spending, after discounting income differences, in areas where discrimination is widely practiced. Justice Clark wrote the majority opinion, with concurrences by Justices Black, Douglas, and Goldberg. In the 12 months preceding the passage of the Act, the restaurant purchased locally approximately $150,000 worth of food, $69,683 or 46% of which was meat that it bought from a local supplier who had procured it from outside the State. 515, Heart of Atlanta Motel v. United States, decided this date, ante, p. 241, in which we upheld the constitutional validity of Title II of the Civil Rights Act of 1964 against an attack by hotels, motels, and like establishments. 201 et seq.

See, e. g., Senate Commerce Committee Hearings, at 623-630, 695-700, 1384-1385. CQ Press Your definitive resource for politics, policy and people. The restaurant caters to a family and white-collar trade with a take-out service for Negroes. We think in so doing that Congress acted well within its power to protect and foster commerce in extending the coverage of Title II only to those restaurants offering to serve interstate travelers or serving food, a substantial portion of which has moved in interstate commerce.

Appellees, whose restaurant in Birmingham, Alabama, caters to local white customers with take-out service for Negroes, serving food a substantial portion of which has moved in interstate commerce, sued to enjoin appellants from enforcing against their restaurant and others Title II of the Civil Rights Act of 1964 which they claimed was unconstitutional.

The owner of Ollie’s sued to prevent enforcement of the.

Likewise, it was said, that discrimination deterred professional, as well as skilled, people from moving into areas where such practices occurred and thereby caused industry to be reluctant to establish there.
The Court gave the greatest weight to evidence that segregation in restaurants had a "direct and highly restrictive effect upon interstate travel by Negroes.". Procedural History:

Ironically, over two-thirds of his employees were African-American. This second case involving Title II of the Civil Rights Act of 1964 comes here on the government’s appeal from a decree of a three-judge court in the Northern District of Alabama, temporarily enjoining the acting Attorney General from taking any steps to enforce Title II against the appellees. [3], The text of the decision makes reference to "Negroes," not "African-Americans. Ollie's Barbecue outlived its owner and survived into the 21st century. .
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Court cited testimony that African Americans[2] spent significantly less time in areas with racially segregated restaurants and that segregation imposed an artificial restriction on the flow of merchandise by discouraging African Americans from making purchases in segregated establishments.

872, supra, at 18-19. 2 On the same day, the Supreme Court heard challenges to Title II from a motel owner[b] and from Ollie McClung.

5178 (1958 ed.). 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Service App.

449, as amended, 29 U.S.C. The U.S. Supreme Court agreed to hear the appeal from the district court, along with a companion case Heart of Atlanta Motel v. United States, which dealt with racial discrimination at hotels and motels.

The interference with governmental action has occurred and the constitutional question is before us in the companion case of Heart of Atlanta Motel as well as in this case.

But the Court rejected the argument, observing that: The appellees urge that Congress, in passing the Fair Labor Standards Act and the National Labor Relations Act,

In this case, of course, direct appeal to this Court would still lie under 28 U.S.C. Robert McDavid Smith argued the cause for appellees. Second, they -- and the court below found, that the actual enforcement of the Act that it's a compliance with, would subject them to irreparable injury through a lost of customers and lost profits.

Mr. Chief Justice, and may it please the Court.


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