Rights Act Compliance Claim by Dixie Hospital Challenged After HEW Department Approval

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NAACP 

Legal Defense and Educational F und 
PRESS RELEASE 

President FOR IMMEDIATE RELEASE 
Dr. Allan Knight Chalmpra Monday, 

Director-Counsel x April 26, 1965 
Jack Greenberg A, 

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RIGHTS ACT COMPLIANCE CLAIM 
BY DIXIE HOSPITAL CHALLENGED 
AFTER HEW DEPARTMENT APPROVAL 

ot ; 
NEW YORK--NAACP Legal Defense Fund lawyers have contested the out- 

come of the first Department of Health, Education and Welfare 

investigation of racial discrimination in federally supported 

Southern hospitals. 

In a letter released today to Assistant Secretary James Quigley, 

the attorneys challenged the Department's claim that Dixie Hospital 

in Hampton, Virginia is now "in full compliance" with Title VI of 

the 1964 Civil Rights Act. 

With complaints of discriminatory practices by 78 hospitals in 

11 Southern states currently pending before the Department, the 

Legal Defense Fund sought to insure that federal funds would not 

be expended until an investigation reveals assignment of patients 

"without regard to race." 

The 'rights lawyers pointed out that the HEW investigation it- 

self found that "most Negro patients were still assigned to the 

same portion of the hospital." 

Legal Defense Fund attorneys explained that if tokenism and 

sincerity were accepted as compliance in this instance, imple- 

mentation of Title VI would not be effected. 

The text of the letter follows: Sage 

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Jesse DeVore, Jr., Director of Public Information—Night Number 212 Riverside 9-8487 Ss 



RIGHTS ACT COMPLIANCE CLAIM -2- April 26, 1965 
BY DIXIE HOSPITAL CHALLENGED j 
AFTER HEW DEPARTMENT APPROVAL 

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‘ 5 . April 21, 1965 

Mr. James Quigley, Assistant Secretary 
Department of Health, Education and 

Welfare 
Washington, D. C. 

’ Re: Dixie Hospital, Hampton, Virginia 
(Docket No. 133 

Dear Mr. Quigley: 

On February 11, 1965, Mr. Jack Greenberg, Directtp-Counsel of 
the NAACP Legal Defense and Educational Fund and Mr. J. Francis i 
Pohlhaus, Counsel of the Washington Bureau of the NAACP, brought to the 
attention of the Department complaints of racial discrimination at the. 
federally supported Dixie Hospital in Hampton, Virginia. By letter anc’ 
enclosures of April 9, 1965 to Mr. Greenberg and Mr. Pohlhaus, you in- 
dicate that Dixie Hospital is "now in full compliance" with Title VI 
of the Civil Rights Act of 1964. The report of Departmental investi- 
gators submitted along with your letter reveals, however, that the ‘con- 
trary is true. 

r How can the hospital be "now in full compliance" with the Civil — 
Rights Act as stated in your letter when Department investigators ~~ 
found that "most Negro patients were still assigned to the same por-- 
tion of the hospital"? e 

The explanation given by the hospital to justify this continued 
segregation of Negro patients -- that it will end as beds become 
vacant -- is clearly insufficient... The Board of Trustees ofthe: 
hospital supposedly ended long-standing policies of segregation 
January 25, 1965 and so the hospital clearly had adequate time be- 
fore an investigation took place in March-to end ‘most segregation 
voluntarily if it were going to do so. 

Regardless, however, whether the hospital's reason for contin- 
ued segregation of patients is accepted, the practice of assigning 
pegroes to separate areas admittedly persists. There is, therefore, 
no justification for your conclusion or that of HEW Regional Director, 
Edmund Baxter, that the hospital is now in full compliance with Title 
VI. 

It is our position that full compliance cannot be found until 
nonracial assignment of patients is a reality. Resolutions of a Board 
of Trustees or the statements of a hospital administrator do not 
satisfy the Civil Rights Act no matter how sincere are their intentions 
(In this case, of course, the hospital administrator whose sincerity is 
relied upon appears to have dismissed three Negro nurses merely be-~ 
cause they sought to eat in the "all-white" hospital cafeteria.) In 
addition, the hospital administrator, W. C. Walton, misconceives his 
duty under Title VI. It is not to assign Negroes and whites "to all 
floors", but to assign all beds and other facilities and services with- 
out regard to race. 

We object to any end of the investigation of the Dixie Hospital. 
We object to the hospital being considered in compliance, and it is 
our position that the law does not permit federal funds to be approved 
or expended for Dixie Hospital until an investigation reveals assign- 
ment of patients without regard to race. 

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Mr. James Quigley. -3- April 21, 1965 

We have brought over 75 complaints of racial discrimination 
in federally assisted hospitals to the attention of the Department, 
This is the first complaint as to which investigation has been 
completed. Unless it is now made clear to the hospitals involved 
that the Department will consider only actual desegregation as com- 
pliance, we fear that the aims of Title VI may become more difficult 
to accomplish, 

Very truly yours, 

Michael Meltsner 
Assistant Counsel 

MM/mgf NAACP LEGAL DEFENSE FUND 

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