"Separate but Equal" Now Dead

    ‘PRESS RELEASE ®@ @ 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
107 WEST 43 STREET © NEW YORK 36, N. Y. © JUdson 6-8397 

ial THURGOOD MARSHALL 
pak ty oo = Director and Counsel resident 

ROBERT L. CARTER 
Shanti phe Assistant Counsel jecretary 

ALLAN KNIGHT CHALMERS ARNOLD De MILLE 
Pross Relations Treasurer 

"SEPARATE BUT EQUAL" 
NOW DEAD November 10, 1955 

WASHINGTON, D.C,--The last vestige of the "separate but equal" 

doctrine in public-supported facilities was swept away last week by 

the U. S, Supreme Court in its unanimous decisions of Nov. 7 proclaim- 

ing racial segregation in public parks, playgrounds and golf courses 

unconstitutional, 

The opinions were rendered in two separate cases. 

The first one upheld a March 14, 1955 ruling of the United 

States Court of Appeals for the th Circuit declaring segregation in 

public parks and recreational facilitiesa federal violation which 

could no longer "be sustained as a proper exercise of the police power 

of the State." It struck down state and city regulations providing 

for segregation of the races in public-supported places, 

The second decision vacated a district court ruling of July 6, 

1954, and a June 17, 1955 ruling of the United States Court of 

Appeals for the Fifth Circuit which permitted Atlanta to segregate 

the races on its golf course if equal facilities were provided for 

Negroes, The case was sent back to the district court with instruc- 

tions to enter a decree in conformity with the decision in the 

Maryland case. 

These two decisions are interpreted as the final blow to the 

theory of the Southern officials and lawmakers that the May 17, 195) 

decisions in the school segregation cases did not intend to knock 

out racial segregation and discrimination in places supported by 

. ublic funds outside the field of public education, 

The first ruling of the Supreme Court embraced two cases which 

were brought against the City of Baltimore and the State of Maryland 

and sought admission of Negroes to the beach facilities at Fort 

Smallwood Perk and Sandy Point Park, both near Baltimore, 

The suit against Baltimore was brought by Robert M, Dawson, Jr., 

and other Negroes who were refused the use of the faci lities at the 



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Smallwood Park, The one against the State of Meryland, which involved 

the Sandy Point Park, was instituted by Milton Lonesome and other 

Negroes who were barred from the park facilities set aside for whites 

only. 

The Atlanta case was brought by Dr. H, M. Holmes and his two sons 

who were denied the use of the public golf course, The federal dis- 

trict court ruled thet unless equal facilities were provided for 

Negroes, it would constitute "discrimination." The court then ordered 

the City of Atlanta to provide Negroes with substantially equal facil- 

ties "while preserving segregation." The U. S. Fifth Circuit Court of 

Appeals at New Orleans, on June 17, 1955, upheld the ruling. 

The rulings of the Supreme Court in these cases, like the deci- 
sions in the school segregation cases, supercede all state and local 
laws providing for separate but equal facilities in public recreation. 
Parks and other facilities supported by public funds now will have to 
be open to Negroes. It is anticipated, however, that in some areas 
the same tactics now being used by school boards and other officials 
to circumvent the May 17 decision also will be used to evade these 
decisions. 

NAACP Legal Defense and Educational Fund attorneys for the Ne- 

groes in the Maryland cases were Thurgood Marshall, Director-Counsel 

of Legal Defense; Robert i. Carter, assistant counsel, both of New York: 

Tucker Dearing and Linwood Koger, Jr. of Baltimore. Marshall and 

Carter and E. E. Moore of Atlanta represented Dr. Holmes and his sons. 

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ADMIT NEGROES, COLUMBUS 
HOUSING AUTHORITY ORDERED November 10, 1955 

COLUMBUS, OHIO.--The Columbus Metropolitan Housing Authority was 

ordered last week to put an end to its policy of refusing to lease to 

Negro applicants any public housing unit controlled and managed by the 

city Housing Authority. 

The order was issued by Chief Judge Mel G. Underwood of the U. S. 

District Court for the Southern District of Ohio at Columbus. It per- 

manently enjoined the Columbus Housing Authority from "denying the 

plaintiff, and members of the class the plaintiff represents, the right 

to lease any unit of the housing controlled and managed by said defend- 

ants .. . solely because of the race and/or color of said plaintiff..." 

Three of Columbus! four public housing projects have hitherto 
been closed to Negro tenants. Judge Underwood's order will open all 
projects on a non-segregated basis, 

The suit was filed by attorneys for the Columbus Branch of the 
NAACP in behalf of Owen Ward and several other Negro families who 
sought and were refused admission to the three all-white projects. 

Attorneys for the Negroes were William H. Brooks, John Francis 
and Mary E. Durham of Columbus, and Constance Baker Motley of the 
NAACP Legal Defense and Educational Fund staff in New York. 

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