Civil Rights

1045 WordsMar 10, 20145 Pages
The legislature of the fictitious state of Xanadu passes a law that states "All people are welcome at all state-run swimming, beach and golf facilities, as long as they are white. Non-whites may not use any of those facilities." Within 24 hours after passage, Brenda, a civil rights attorney, brings a cause of action in federal court to have the new regulation ruled unconstitutional. The federal court immediately rules that the state law violates the equal protection clause of the 14th Amendment and issues an injunction against its enforcement. A week later, the state passes a new law that reads "Because we don't believe that we are capable of managing integrated swimming, beach and golf facilities, we are hereby closing all such…show more content…
The Court asked the question, was the closing of the state pools an action that denies “equal protection of the laws” to Blacks. They felt the answer was no since both races received the same treatment. The Courts also felt that neither the 14th amendment nor any Act of Congress purports to impose a duty on a State to begin to operate or to continue to operate public swimming pools. They felt that since this was not a case where whites are permitted to use public facilities while blacks were denied, nor a case where a city is maintaining different sets of facilities for blacks and whites and enforcing them to remain separate that there was no reason to force the city to reopen the swimming pools. They felt that it was constitutional because the city showed that integrated pools could not be maintained safely and economically. I do have to say that I disagree with the decision made by the court, which is probably why this particular case has been question. In other cases such as: Hernandez v. Woodard, 714 F. Supp. 963, 1989 and Shakman v. Democratic Organization of Cook County, 481 F. Supp. 1315, 1979. I believe that technically the decision made did not violate the 14th amendment, for reason stated above that everyone received the same treatment and that the privilege was taken away from all and not just one race and that they can’t force the State to run a public facility. But it does make you think, why is it as soon as the State

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