Avent v. North Carolina Petition for a Writ of Certiorari to the Supreme Court of North Carolina

    PRESS RELEASE ea 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
1O COLUMBUS CIRCLE © NEWYORK19,N.Y. © JUdson 6-8397 

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

LEGAL DEFENSE FUND CRACKS 
DIXIE HOSPITAL SEGREGATION 

November 2, 1963 

RICHMOND, Va.---Racial discrimination against Negro patients and 

doctors in federally assisted hospitals, a common practice in 

eleven deep south states, was struck down here this week by the 

U, S. Fourth Circuit Court of Appeals. 

_Jack Greenberg, director counsel of the NAACP Legal Defense 

Fund, Inc., which won the victory, said that this is the first 

major attack on the separate-but-equal provisions of the Hill- 

Burton Act. 

This act was passed by Congress in 1946 and authorized federal 

financial assistance to help construct more than 2,000 medical care 

facilities in the South. 

Racially segregated hospital facilities built with Hill-Burton 

ry money are located in Alabama, Arkansas, Florida, Georgia, Lovisians, | 

Mississippi, North and South Carolina, Tennessee, Texas and | 

Virginia. 

All told, these states have received over 500 million dollars 

of the more than 1.5 billion dollars spent or obligated by the 

federal government, according to the Public Health Service. 

The hospitals involved in this case, and many others in the 

South, have defended their racial policies on the ground that they 

were "private" and not subject to the Fourteenth Amendment. The 

Fourth Circuit decision rejected that argument. 

In essence, Mr. Greenberg explained, "the court held that 

North Carolina elected not to build new public hospitals on its 

own but provided for hospital care through aiding so-called 2 

‘private’ hospitals under the Hill-Burton Act. 

"This meant that North Carolina secured federal money to cones 

tinue its state policy of jim crow hospitals. 

£5 more. 



- 2 - Dixie Hospital Segregation 

"Our request for injunction asked that the Moses Cone and 

Wesley Long hospitals in Greensboro be prohibited from: 

‘Continuing to enforce the policy, practice, 
custom and usage of denying admission to g> 
patients on the basis of race and in any way 
conditioning or abridging the admission to 
and use, the said facilities...on the basis 
of race,'" he pointed out. 

"The Fourth Circuit Court of Appeals this week declared a 

principle as far reaching in the medical field as the 1954 school 

desegregation principle was in its field, "Mr. Greenberg said. 

Dr, G, C, Simpkins, Jr., one of the plaintiffs, wrote to 

officials of both the Moses H, Cone Memorial hospital and the 

Wesley Long Hospital in March of 1960. 

He pointed out that neither would admit Negro physicians and 

dentists. As a result, Negro patients desiring admission would 

_ have to discharge their Negro doctors or dentists. 

1 Negro physicians, dentists and patients applied for position 

EP d admission to the two hospital staffs and wards but were not 

‘accepted. 
nl P 

The Negro plaintiffs included A. V, Blount, Jr,, Walter J. 

“Hughes, Norman N. Jones, Girardeau Alexander, E., C, Noel, III, and & 

ie" E, Davis, all qualified medical doctors practicing in Greensboro. 4 

Also, Dr. Simpkins, Milton H, Barnes, and W, L, T, Miller, all 

; _ qualified dentists, practicing in Greensboro, 

se The patient-plaintiff was A. J, Taylor, who has a confirmed 

gastric ulcer of 35 years duration. It requires constant medical 

supervision, dietary restrictions, and administration of anti- 

cholinergic drugs. 

NAACP Legal Defense Fund attorneys, responsible for the 

victory in addition to Mr. Greenberg, include Conrad O, Pearson, 

Durham, N. C.; James M, Nabrit, III and Michael Meltsner, of 

~ New York City. 

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