Federal Court Orders Florida University to Admit Negroes

    “PRESS RELEASE @ & 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
10 COLUMBUS CIRCLE «+ NEW YORK 19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS op THURGOOD MARSHALL 
President Director-Counsel 

FEDERAL COURT ORDERS FLORIDA UNIVERSITY 
TO ADMIT NEGROES 

June 20, 195€ 

NEW YORK, June 19,--Thurgood Marshall, Director-Counsel of the 

NAACP Legal Defense and Educational Fund, today hailed the order of 

U. S, District Judge Dozier Devane, which opened the University of 

Florida graduate and professional schools to Negroes, as a major vic- 

tory in the drive to desegregate public educational facilities in the 

South, The Federal Judge's order ended a 9-year court fight in the 

case of Virgil Hawkins, a Daytona Beach Negro, who has sought admission 

to the University School of Law. 

Hawkins originally filed his case in the Supreme Court of Florida 

in 1949. The Florida Supreme Court first refused to order the admis- 

sion of Negroes to the University on the ground that a separate law 

school had been provided for Hawkins at Florida A, & M. When the U.S. 

Supreme Court was petitioned by Hawkins' attorneys to review this deci- 

sion, the high Court returned the case to the Florida Court for recone 

sideration in the light of its May 17, 195 decision in the School 

Segregation Cases, The Florida Supreme Court then appointed a commis- 

sioner to determine when Hawkins could be admitted without "public 

mischief," 

Hawkins again sought review by the U. S. Supreme Court. This time 

the court vacated its previous order and ruled that since Hawkins 

sought admission on the graduate and professional school level he was 

entitled to immediate admission, However, the Supreme Court of Florida 

again refused to admit Hawkins on the ground that to do so would cause 

"public mischief." A third attempt by Hawkins! attorneys to have the 

U. S. Supreme Court review the case was denied "without prejudice" to 

the right of Hawkins to bring his case in the Federal District Court, 

In January 1958, Hawkins' attorneys filed suit in the Federal 

District Court in Tallahassee on behalf of Hawkins and all other Negro 

citizens of Florida who are eligible to attend the University of 



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Florida. The attorneys moved for a preliminary injunction in order 

that Hawkins might be admitted to the February 1958 term. 

Federal Judge Devane at that time denied a hearing on the motion 

on the ground that he would not enter any order until he could have a 

full hearing. He was reversed by the U, S. Court of Appeals for the 

Fifth Circuit. The case finally came to trial on June 16, and Judge 

Devane entered his order on June 18 which ordered the University of 

Florida to open its doors to Negro students, 

There has been no integration in the universities in the states 

of Florida, Alabama, Mississippi, Georgia and South Carolina. Florida 

is also one of the seven southern states in which there has been no 

desegregation on the elementary school level, The other states are 

Georgia, South Carolina, Mississippi, Louisiana, Alabama and Virginia. 

A suit is presently pending in the Federal District Court in Miemi 

which seeks to end segregation in the public schools of Dade County, 

Fla. 

Thurgod’ Marshall, one of Hawkins' attorneys, today called upon 

qualified Negro citizens of Florida to take advantage of the new edu- 

cational opportunities opened to them at the University of Florida 

and Florida State University as a result of Judge Devane's order. 

Mr, Marshall said that it should not be necessary to bring a new law- 

suit to open the graduate and professional schools of Florida State 

University at Tallahassee, He said that good faith on the part of the 

Board of Control of Florida should @mviously make such a suit unneces- 

sary. 

Attorneys in the case, in addition to Thurgood Marshall, were 

Constance Baker Motley and Robert L. Carter of New York; Francisco 

Rodriguez of Tampa, Fla, 

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