Summary of Fending Cases After Supreme Ct. Upholds Civil Rights Act; Background of Selma Litigation

    In the wake of Monday's historic decision by the 

U. S. Supreme Court upt »lding the Civi. Ricnts Act, Jack 

Greenberg, ector=Counsl of the NAACP Legal Defense Fund 

released the following summary of cases pending under the 

act: 

The Legal Defanse Fund is currently active in 18 

cases involving 37 restaurants, one motel, one movie theater, 

and one gas station, in 8 states. 

ALABAMA: 

Suit has been brought against Gardner's Grill, Lee's 

Drive-In, Vic's Cafe and other establishments in Anniston. 

Another suit claims that a Gadsden restaurant, the Rebels’ 

“Roost, has repeatedly refused to serve Negroes. 

ELORIDA: 

On September 19, 1964, U. S. District Judge Bryan Simpson 

ordered 14 St. Augustine restaurants and a motel to ase dis- 

criminating. Three restaurants in Ocala have been sucd sor 

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refusing to serve Negroes. The restaurants claim they 

became private clubs after the passage of the Civil Rights 

Act but a federal court has been told that all white per- 

sons are served regardless of whether they are "members." 

GEORGIA: 
Pick nck 

The case involving L. este Madheg's restaurant 

in Atlanta is pending in federal district court on contempt 

actions brought by the Justice Department and the Legal 

Defense Fund. The district court had been awaiting supreme 

court action before scheduling a hearing. 

Lawsuits have also been brought against rastaurants in 

.erry and fonroe and the Savannah area. The ba ww ks 

case involves the claim that Negroes were charged $5.00 for 

the purchase of a scrambled egg. 

LOUISIANA: 

A suit ‘s pending in federal court alleging discrimination 

against Neqo es by Arnaud's Restaurant in New Orleans claiming 



that on October 24, 1964, Dr. Wellington R. Arnaud (no 

relation to t = owner of the restaurant) was refused 

service. 

MISSISSIPPI: 

A United States Court of Appeals in Houston, Texas 

will hear argument in January in a case involving the failure 

of Tom's Restaurant in Aberdeen to serve Negroes. After 

attempting to exercise their right to be served in the white —- 

only section of the restaurant, the Negroes were arrested 

ky the Aberdeen chief of police and a deputy sheriff of 

Monroe County and later charged with trespass. 

NORTH CA. NA: 

Legal Defense Fund attorneys have brought suit attac ng 

the failure to comply with the Civil Rights Act by the 

Vicki Villa Restaurant in Elizabeth City, Moore's Barbecue in 

New Bern and Wade’s Restaurant in Lillington. 

ndi< POMS a 



SOUTH CAROLINA: 

A suit has oveen brought against the Orangeburg 

Theatres, Inc., owner of the Edisto and Carolina Theatre 

in Orangeburg, on the ground that it would not permit 

Negroes to sit in the downstairs area of the theaters. 

VIRGINIA: 

in federal district court 
There are two cases pending/against restaurants in 

Ee] 

Virginia. One involves the Lee House Diner in Petersburg. 

The district judge referred the case for conciliation sy 

‘the Community Relations Service which obtained an agreement 

by the restaurant to dsegregate if the Supreme Court upheld 

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the Ti il Rights Act. Anoyher case involving the Emporia 
— 

Diner in Emporia, alleges use of special high-priced menus 

for Neg:o customers. This case is to be heard in the federal] 

district court sometime after January, 1965. 

Legal Defense Fund cooperating attorney Henry L. Marsh, 

J 

III of Richmond reports receiving complaints from Negroes in 

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two other Virginia cities about use of separate high-priced 

menus for Veorso: :. a 

ARKANSAS : 

Suit has been brought against the cafeteria operatea 

in the basement of the state capitol building in Little Rock. 

Subsequent to the passage of the Civil Rights Act, the 

cafeteria became a nonprofit club with an elastic membership 

“and no dues. State employees, including Clarence R. 

Thernbreught, executive secretary to Governor Faubus, are 

amone the incorporaters. Negroes claim that the Capitol 

Club, as it is called, is not-a club at all and that white 

perons ere secved as a matter a while Negroes are 

asked if they are members. 

Mr. Greenberg indicated that the Legal Defense Fund has 

received many complaints from persons refused service at 

southern eating places, amusement facilities and hotels. He 

said that these complaints are being thoroughly investigated 

before svt /s filed. 



10 Columbus Circle 
New York, N.Y. 10019 
JUdson 6-8397 

NAACP 

Legal Defense and Educational Fund 
PRESS RELEASE 
President 

Dr. Allan 

Director-Counsel 
Knight Chalmers 

Jack Greenberg 
Associate Counsel 

Constance 

FROM: Public In 

Baker Motley 

MEMORANDUM 

January 1965 

formation Department 
NAACP Legal Defense Fund 

RE: 

January 2, 1965: 

December 31, 1964: 

July 14-15,1964: 

July 9, 1964: 

Early July 1964: 

BACKGROUND ON LITIGATION IN SELMA, ALABAMA 

Dr. King addressed mass meeting and launched 
voter registration drive. 

NAACP Legal Defense Fund attorneys filed a 
renewed motion to dissolve injunction (see 
July 9, 1964 herewith) in light of plans for 
January 2nd 1965 voter registration drive 
launching. 

Injunction can not be enforced in local state 
court, at least so long as Federal Court has 

jurisdiction. 

Federal Judge, Daniel Thomas ordered the 
release of all those arrested, reducing bail 
to comply with federal standards. 

Dallas County Circuit Judge James Hare issued 
an injunction enjoining SNCC, other civil 
rights organizations, and individuals doing 
civil rights work, as well as the Ku Klux Klan 
and other racist groups (from meeting in 
public, in groups larger than three, or in 
private where violations of law are suggested 
or advocated.) The Legal Defense Fund is _ 
fighting to have the injunction dissolved, 
and is currently urging the Federal District 
Court, to which the case has been removed,» to 
retain jurisdiction. 

About 75 participants in a SNCC-sponsored 
voter registration drive were arrested for 
various charges, including disturbing the 
peace, trespass after warning, interfering 
with a court in session, and contributing 
to the delinquency of a minor. Some of these 
arrests grew out of a test of the Civil 
Rights Act at a local movie theater, others 
from peaceful picketing. Bail was effec- 
tively denied by the continual shifting of 
bond conditions. In the next week, the 
Legal Defense Fund secured the removal of 
all of these cases to the Federal District 
Court. 

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



March 6, 1964: 

September thru 
October, 1963: 

Late October, 
1963: 

Editor's Note: 

z 
The Alabama Court of Appeals reversed the 
peace. bond convictions. Subsequently, the 
eae Court denied a rehearing. In»June, 
1964, t 
to Hear the case. In August, that court 
refused to do so and in November declined to 
reconsider its refusal. 

tee 

During these months, peaceful demonstrations, 
part of a voter registration campaign (in 
Dallas County, only 300 Negroes are 
registered), resulted in about 200 arrests. 
The Legal Defense Fund began its defense of 
these persons. Fifteen were convicted in 
City Court of parading without a permit; 
these convictions were upheld by the county 
court. Among other convictions were 3 for 
contributing to a delinquency of a minor-- 
sentences for these 3 were one year at hard 
labor, a $300 fine, and a $1,000 peace bond 
-- and 5 for unlawful assembly-- sentences 
for them were 130 days in jail, $100 fines, 

and $1,000 peace bonds, 

Since October 1963,.trials of the other 
persons arrested have continued in the 
Recorder's Court of Selma, The County Court 
of Dallas Cty., and appeals of all convictions 
taken to the Circuit Court of Dallas County. 
Those upheld in the Circuit Court have been 

rther appealed to the Alabama Court of 
Appeals. ts? 

é 
id & =| 

The Legal Defense | ee to secure the 
release of the persons being held on peace 
bonds, including John Lewis, Chairman, and 
other members of SNCC, failed in the Dallas 
County Circuit Court. The “peace bond" 
convictions required posting of a $1,000 bond 
and keeping the peace (i.e., not engaging in 
further demonstrations). % 

§ 

Legal Defense Fund attorneys: 
Norman Amaker, Charles Jones and Peter Hall 
may be reached: 

205-872-3759 
205-324-7691 
205-323-7211 

Day: 

Night: 

the state asked the Alabama Supreme Court 

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