Decided December 14, 1964
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA.
MR. JUSTICE CLARK delivered the opinion of the Court.
MR. JUSTICE GOLDBERG, concurring.
MR. JUSTICE DOUGLAS, concurring.
MR. JUSTICE BLACK, concurring.
Appellant, the owner of a large motel in Atlanta, Georgia, which restricts its clientele to white persons, three-fourths of whom are transient interstate travelers, sued for declaratory relief and to enjoin enforcement of the Civil Rights Act of 1964, contending that the prohibition of racial discrimination in places of public accommodation affecting commerce exceeded Congress' powers under the Commerce Clause and violated other parts of the Constitution. A three-judge District Court upheld the constitutionality of Title II, §§ 201 (a), (b)(1) and (c)(1), the provisions attacked, and on appellees' counterclaim permanently enjoined appellant from refusing to accommodate Negro guests for racial reasons. Held:
1. Title II of the Civil Rights Act of 1964 is a valid exercise of Congress' power under the Commerce Clause as applied to a place of public accommodation serving interstate travelers. Civil Rights Cases, 109 U.S. 3, distinguished. Pp. 249-262.
(a) The interstate movement of persons is "commerce" which concerns more than one State. Pp. 255-256.
(b) The protection of interstate commerce is within the regulatory power of Congress under the Commerce Clause whether or not the transportation of persons between States is "commercial." P. 256.
(c) Congress' action in removing the disruptive effect which it found racial discrimination has on interstate travel is not invalidated because Congress was also legislating against what it considered to be moral wrongs. P. 257.
(d) Congress had power to enact appropriate legislation with regard to a place of public accommodation such as appellant's motel even if it is assumed to be of a purely "local" character, as Congress' power over interstate commerce extends to the regulation of local incidents thereof which might have a substantial and harmful effect upon that commerce. P. 258.
(2) The prohibition in Title II of racial discrimination in public accommodations affecting commerce does not violate the Fifth Amendment as being a deprivation of property or liberty without due process of law. Pp. 258-261.(3) Such prohibition does not violate the Thirteenth Amendment as being "involuntary servitude." P. 261.
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