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Abstract
| Argument: |
November 5, 1962,
November 7, 1962
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| Reargument: |
October 14-15, 1963
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| Decision: |
Monday, June 22, 1964 |
| Issues: |
First Amendment, Miscellaneous |
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Advocates
| Archibald Cox |
(By special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal) |
| Jack Greenberg |
(Argued the cause for the petitioners on reargument) |
| Joseph S. Kaufman |
(Argued the cause for the respondent) |
| Robert C. Murphy |
(Deputy Attorney General of Maryland argued the cause for respondent on the reargument) |
| Joseph L. Rauh, Jr. |
(Argued the cause for the petitioners) |
| Russell R. Reno, Jr. |
(Argued the cause for respondent on the reargument) |
| Ralph S. Spritzer |
(By special leave of Court, argued the cause for the United States on the reargument, as amicus curiae, urging reversal) |
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Facts of the Case
On June 30, 1960, several white and black people picketed the private Glen Echo Amusement Park in Montgomery County, Maryland. The demonstrators protested against the park's policy "not to have colored people on the rides, or in the park." During the demonstration, William Griffin and four other Negroes entered the park to test its management's resolve. A state deputy, who worked as a security staff member in the park, soon observed them. After informing them of the park's racial policy, the deputy asked them to leave. When Griffin and his friends refused, they were arrested and later convicted for criminal trespass. State appellate courts affirmed the convictions. The Supreme Court granted certiorari.
Question
Did ordering five Negro patrons to leave a private amusement park, and arresting them for criminal trespass when they refused, violate their right to equal protection under the Fourteenth Amendment?
Conclusion
Yes. The Court held that the arresting deputy, despite working as a private park employee at the time, possessed and acted under state authority, imputing responsibility for his actions to Maryland. Therefore, to the extent that he sought to enforce a private policy of racial discrimination, the state of Maryland must be charged with racial discrimination in violation of the Fourteenth Amendment.
