LOCATION: United States District Court for the Northern District of Illinois, Eastern Division
DOCKET NO.: 488
DECIDED BY: Warren Court (1969)
LOWER COURT: United States Court of Appeals for the Eighth Circuit
CITATION: 395 US 298 (1969)
ARGUED: Mar 24, 1969 / Mar 25, 1969
DECIDED: Jun 02, 1969
Facts of the case
Media for Daniel v. PaulAudio Transcription for Oral Argument - March 25, 1969 in Daniel v. Paul
Audio Transcription for Oral Argument - March 24, 1969 in Daniel v. Paul
Number 488, Doris Daniel and Rosaline Kyles, Petitioners, versus Euell Paul Jr., etcetera.
May it please the Court.
I move the admission of Mr. Conrad K. Harper of New York for the purpose of arguing in this case.
I'm satisfied, he has the necessary qualification.
Motion is granted.
Conrad K. Harper:
Mr. Chief Justice and may it please the Court.
This case concerns two black ladies who were refuse service at the recreational facility called Lake Nixon Club located just outside the Little Rock, Arkansas.
The respondents are the owners of Lake Nixon Club, Mr. and Mrs. Paul.
Following the refusal of that facility to serve, the petitioners, black ladies, they brought class action in a District Court sitting in Little Rock for injunction -- injunctive relief.
The District Court following that trial held that Lake Nixon was not a facility subject to Title II of the 1964 Civil Rights Act.
Specifically holding that the food facilities at Lake Nixon were no embraced within the statute and also that Lake Nixon was not a place of entertainment or exhibition within the ambit of the statute.
The District Court hold also summarily rejected the claim made by respondents below that Lake Nixon Club was a bonafide private club.
On appeal, the Eighth Circuit affirmed on all grounds with one judge dissenting.
This Court grant a certiorari not only to determine questions relating to cover John to Title II of the 1964 Act, but additionally, on the question whether the 1866 Civil Rights Act now portionally cutified as 42 U.S.C. Sections 1981 and 1982 acted to bar discrimination in this facility.
The petitioners make two -- I should say three principal arguments.
First, that Lake Nixon food facilities where such as to bring the whole of Lake Nixon within the ambit of Title II, second, that Lake Nixon in its entire tables of place of entertainment or exhibition within the terms of Title II, and thirdly, that 1981 and 1982 insofar as a granted an equal right to contract and have an interest in property, granted petitioners the right to have access to Lake Nixon.
The facts in this case are relatively simple and not in dispute.
Lake Nixon is a 232-acre site located not far from the Lit Rock, Arkansas which has facilities for boating and swimming and picnicking and miniature golf.
It also has a snack bar which serves sandwiches and softdrinks and milk, and it also has in that snack bar a jukebox.
Lake Nixon also advertises its facility.
Specifically, the record shows that during its normal season which runs from May until September of every year, Lake Nixon ran in 1966, three advertisements every week on a radio station Little Rock as well as utilized the facilities of another Little Rock radio station for similar kind of announcement.
Those announcements incidentally, the record reflects were addressed to all members of Lake Nixon, and one could purchase on membership so-called in this facilities simply by paying a quarter for each season.
Lake Nixon also advertise --
A quarter for each time they come there, each time they -- with just a quarter for --
Conrad K. Harper:
Quarter for the entire season Your Honor; in other words, for May until September.
And after obtaining this admission card, one then had to pay an additional money if he wanted to buy something at snack bar, but he might not pay anything if you want simply to get picnicking or swimming.
Lake Nixon also advertise its facilities in a magazine distributed locally showing facilities open called Little Rock Today, that was done once the record shows in 1966, and also once in 1966 Lake Nixon distributed an advertisement in a publication which was distributed at the air force base located in Jacksonville, Arkansas.
Are those advertisements in the appendix, the text to the advertisement?
Conrad K. Harper:
No Your Honor.