Legal Defense Fund Moves to Consolidate Albany, GA. Cases

    . PRESS RELEASE 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TO COLUMBUS CIRCLE »+ NEW YORKI19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY 
President Director-Counsel Associate Counsel 

SB 25 

LEGAL DEFENSE FUND MOVES TO 
CONSOLIDATE ALBANY, GA. CASES August 6, 1962 

NEW YORK ~ An NAACP Legal Defense Fund motion to consolidate the 

three federal court actions growing out of the Albany, Ga. protest 

movement was filed today in Albany by attorney C. B. King before the 

Federal District Court for the Middle District of Georgia. 

Mrs. Constance Baker Motley, chief counsel for the Negro 

defendants, said that today's consolidation motion was brought because 

the same issues were present in all the cases. 

District Judge J. Robert Elliot of Albany is now hearing a 

motion brought by city officials to enjoin the Negro citizens from 

demonstrating against segregation, No hearings have been held on two 

pending Legal Defense Fund suits to desegregate Albany public facili- 

ties and to stop Albany officials from interfering with peaceful 

picketing. 

Judge Elliot on July 20 enjoined Rev. Martin Luther King and 

other affiliated integration groups participating in the Albany Move- 

ment from demonstrating against city officials. His injunction was 

upset by Appeals Court Judge Elbert P, Tuttle on July 24 on the basis 

that Judge Elliot lacked jurisdiction, 

The pending omnibus public facility suit asks for desegregation 

of Albany libraries, auditoriums, parks, playgrounds and other recrea- 

tional facilities: and buses, bus terminals, taxicabs, theaters and 

other places of public amusement. 

Since the Albany arrests of more than 700 Negro citizens began 

last December, the Fund has spent approximately $10,000 in legal costs 

it was estimated by Director-Counsel Jack Greenberg this week. 

Mr. Greenberg said that the real legal work is just beginning, as 

most of the convictions and the desegregation suit will probably have 

to be appealed to higher courts. 



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NAACP Legal Defense Fund attorneys im the Albany cases are 

C, B. King, of Albany, Ga.; Donald L. Hollowell of Atlanta, Ga.; and 

Jack Greenberg and Constance Baker Motley of New York City. 

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FEDERAL COURT ORDERS DESEGREGATION 

OF NEW ORLEANS AIRPORT RESTAURANT August 6, 1962 

NEW YORK - Federal District Judge Herbert W. Christenberry this week 

ordered the luxury restaurant and bar at the Moisant Airport in New 

Orleans, La. to desegregate its facilities. 

The decision was the result of a suit brought by the NAACP Legal 

Defense Fund in May, 1960. The snack bar and coffee shop at the new 

municipal airport had been desegregated voluntarily. 

Judge Christenberry ruled that though the luxury restaurant 

and bar are leased to a private agency, Interstate Hosts, the lessee 

is subject to the “equal protection" clause of the Fourteenth Amend- 

ment. He based his decision on a 1961 Delaware ruling which invali- 

dated segregated restaurant facilities in a Wilmington parking lot 

which was leased to a similar private firm. 

Judge Christenberry added that even if only a few Negroes used 

the luxury facilities, all Negroes are entitled to its use for "the 

essence of the constitutional right is that it is a personal one." 

The case was argued April 11, 1962, by attorneys A. P. Tureaud 

of New Orleans and Michael Meltsner of New York, Other NAACP Legal 

Defense Fund attorneys for the Negro plaintiffs were Jack Greenberg 

and James M, Nabrit, III, of New York City. 

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