Preview

Golden V. Biscayne Bay Yacht Club Summary

Good Essays
Open Document
Open Document
1541 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Golden V. Biscayne Bay Yacht Club Summary
Summary of Facts
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."A week later, the state passes a new law that reads
Issues
Is the closing other facilities retaliatory based on the lawsuit.
Can the plaintiff proving that the closings were unconstitutional.

Applicable Law
In the case of Golden v. Biscayne Bay Yacht Club, 521 F.2d 344 the court affirmed the judgment in favor of plaintiffs, African-American applicants and Jewish applicants, in the discrimination action brought against defendant private club under the Fourteenth Amendment and civil rights statutes. the Court has never attempted to formulate
…show more content…

Reitman v. Mulkey, 387 U.S., at 378, 87 S. Ct., at 1632. Id., quoting Burton, 365 U.S., at 722, 81 S. Ct., at 860. This is the task for the District Court .Burton v. Wilmington Parking Authority, 1961, 365 U.S. 715, 722, 81 S. Ct. 856, 6 L. Ed. 2d 45; accord, Reitman v. Mulkey, 1962, 387 U.S. 369, 87 S. Ct. 1627, 18 L. Ed. 2d 830. We have but recently taken cognizance of this in Greco v. Orange Memorial Hospital Corp., 5 Cir., 1975, 513 F.2d 873 in which the Court found that there existed no state action in a non-racial discrimination case. There the plaintiff, a physician, had been prohibited from performing elective abortions in a hospital operated by a private charitable corporation, but leased from the county, received tax exemptions, and received some federal. In finding which is necessary for private conduct to be subjected to Fourteenth Amendment sanctions when other types of constitutional violations have occurred.The facts of the instant case also differ from the recent decision in Solomon v. The Miami Woman's Club 359 F. Supp. 41 (S.D.Fla.1973), in which this court held that the particular state lease to a state headquarters did not contain sufficient state involvement to clothe the patently discriminatory …show more content…

Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701Court upholding the districts' school assignment plans based on race were reversed, and the cases were remanded for further proceedings. Gayle v. Browder, 352 U.S. 903, 77 S. Ct. 145, 1 L. Ed. 2d 114 (1956) (per curiam) (buses); Holmes v. Atlanta, 350 U.S. 879, 76 S. Ct. 141, 100 L. Ed. 776 (1955) (per curiam) (golf courses); Mayor and City Council of Baltimore v. Dawson, 350 U.S. 877, 76 S. Ct. 133, 100 L. Ed. 774 (1955) (per curiam) (beaches). But with reference to schools, the effect of the legal wrong proved most difficult to correct. To remedy the wrong, school districts that had been segregated by law had no choice, whether under court supervision or pursuant to voluntary desegregation efforts, but to resort to extraordinary measures including individual student and teacher assignment to schools based on

You May Also Find These Documents Helpful

  • Good Essays

    D.This case deals with the Seattle school district lets kids choose which high school they want to go to and when too many student wish to attend a certain high school then the district uses a set of factors to use. The problem with this is the second highest factor used was based off of race. This lead to parents from the district suing the district claiming that the tiebreaker for race breached the fourteenth amendment.…

    • 720 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The author begins her main argument with a brief history lesson, informing readers the events that have shaped our system today. Serrano v. Priest determined that using district property tax revenues as the primary source of funding for schools was unconstitutional, noting: “this disparity in available resources per student was deemed inequitable, and therefore, unconstitutional.” Lefkowits also denotes San Antonio Independent School District v. Rodriguez, in which the Supreme Court ruled that education and school taxation are state matters.…

    • 922 Words
    • 3 Pages
    Good Essays
  • Good Essays

    ISSUE: Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?…

    • 344 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In the case of “Landmark U.S. Supreme Court Case Heart of Atlanta Motel v. United States” involved the heart of Atlanta motel which is located in the state of Georgia whom refused to rent rooms to blacks. As a result of their actions congress enacted the “Civil Rights Act of 1964”, which made it illegal for motels, hotels to discriminate guests based on their race. The heart of Atlanta motel brought action to declare the “Civil Right Act of 1964” was unconstitutional. The United States Supreme Court held its judgment that congress and the “Civil Right Act of 1964” was constitutional.…

    • 406 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Shelley v. Kraemer was a landmark case that abolished the enforcement of racially restrictive covenants. The issue began with the Shelley family purchasing a property in St. Louis that had a racially restrictive covenant in the deed. The white homeowner group belonging to the Marcus Avenue Improvement Association fought against this purchase because of the existence of a restrictive covenant. The covenant at issue here states that the property could not be “occupied by any person not of the Caucasian race.” (INVISIBLE WALLS, pp.…

    • 644 Words
    • 3 Pages
    Good Essays
  • Good Essays

    2. Before this case took place, there had recently been many cases and laws that had been implemented regarding racial segregation and discrimination. In 1964, The Civil Rights Act passed which forbids racial discrimination in any program or activity receiving federal funding ((2)"Regents of the University of California v. Bakke."). The main law that was put into question and was used in the persecutor’s argument was the Fourteenth Amendment’s Equal Protection Clause. Bakke believed that his rights under the Fourteenth Amendment were being violated by UC Davis’s admission program.…

    • 819 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Constitutional questions presented in the case included; Does 42 U.S.C. Sec. 2000e-2 [Section 703] permit employers to refuse to act on the results of such tests for reasons of race? Does an employer violate 42 U.S.C. Sec. 2000-2 when it rejects the results of such tests because of the race of the successful candidates? Did the City have a lawful justification for its race-based action? Does 42 U.S.C. Sec. 2000e permit federal courts to relieve municipalities from having to comply with local laws that require strict compliance with race-blind merit selection procedures? Were city officials who tried to diversify a civil service department guilty of racial discrimination under the Equal Protection Clause or Title VII when they decide not to utilize written test results which favor one racial class over another, and whether an employer violates 42 U.S.C. § 2000E-2(1), which makes it illegal to adjust test scores or cut-off scores based on race, when he decides not to utilize test results because the successful candidates are all of one…

    • 1069 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Seeking to fight past discrimination in their city, the city council of Richmond, Virginia created a program that required 30% of all municipal contracts go to Minority Business Enterprises (MBEs). In 1989, the J.A. Croson Company challenged the program, after not receiving a contract because of the MBE program, arguing it violated the Equal Protection Clause of the 14th Amendment. The court ruled in favor of the Croson Company stating, “While there is no doubt that the sorry history of both private and public discrimination in this country has contributed to a lack of opportunities for black entrepreneurs, this observation, standing alone, cannot justify a rigid racial quota in the awarding of public contracts in Richmond, Virginia.” Justice…

    • 868 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Constitutional Rights Enforceable Under § 1983 23 Reputational Harm 24 Failure to Protect from 3rd Parties 25 State of Mind in Constitutional Torts 26 Procedural Due Process Violations 27 Substantive Due Process Violations 28 Non-Constitutional Rights Enforceable under § 1983 29 § 1983 and Implied Private Rights of Action 31 Damages 32 Compensatory Damages 32 Punitive Damages 33 Punitive Damages for Municipalities 34 Attorney’s Fees 35 Identifying a Prevailing Party 36 Administrative Success 36 Nominal Damages 36 Catalyst Theory 36 Determining Fee Awards 37 Multiple Claims 38 Reasonable Rates 39 Contingent Fees 39 Administrative Proceedings 39 Risk Enhancement 39 Attorney’s Fees & Settlement Negotiations 41 Fee Waivers 41 Rule 68 41 Administration of the Civil Rights Acts: Intersections of State and Federal Law 42 § 1983, Habeas Corpus, and Res Judicata 42 Additional Reconstruction Litigation 47 § 1982 – Freedom of Property 48 § 1981 – Freedom to Contract 49 Structural Reform Litigation 50…

    • 29388 Words
    • 118 Pages
    Powerful Essays
  • Powerful Essays

    The Washington State constitution dictates “It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste or sex.” All children have the right to an education, however unlike other states, within the Washington State constitution it is made a “paramount duty”. In 1976, following a failure to pass a levy by Seattle School District, Seattle School District argued that this wasn’t the case. The Doran decision in the late 70’s found that Washington State was violating its constitutional law in not providing adequate funds to public education. The McCleary case took it further and argued that Washington State needs to do more than cover a percentage within a school budget but fully fund public education and real changes need to be made. These changes were the laws ESHB 2261 and SHB 2776 which required such things as lower class sizes, fully funded kindergarten and highly capable programs, increased credits for high school, increased instructional hours and new funding levels to be established by the 2018 school year. As of December 2012 the findings were that the state was not making adequate progress towards making the 2018 deadline and that inequities in funding still existed. This paper will examine the funding inequities in Washington State public education and identify both the impact and some possible alternative or solutions. The three main reasons contributing to funding inequities that will be examined are; an overreliance on local funding, grandfathering of levy lids, and discrepancy in teacher salary dependent on school district.…

    • 1954 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Mendez vs Westminster

    • 3815 Words
    • 16 Pages

    We all know of the famous trial that happen on May 17, 1954, a trial that ended all segregation in school districts all over the United States of America. With this law being enforce by the 14th amendment, it change the whole nation, colored people were now being allowed to enter into real academic schools, and compete for a better future. Of course I am talking about the Oliver Brown v. Board of Education of Topeka, better known as Brown vs. the Board of Education. Even though this trial was a large stepping stone in the United States, it was not the first attempt at the desegregation of the school system. There was another case that was the creation of Brown vs. the Board of Education. This case has been forgotten over time due to the huge popularity of Brown vs. the Board of Education. Even though Brown vs. the Board of Education was more popular, both cases were important and had a large amount of similarities. The only differences were that the first was fought seven years prior to the second and a difference of ethnicity. Both cases were important in many ways, the only problem is, why is it that only one is credited and the other not? Both cases were fought for the same reason. Mendez vs. Westminster was the first big court case that stopped segregation in all the schools systems of the state of California. The reason I say this is the stepping stone of Brown vs. the Board of Education is because The Ninth Circuit Court of Appeals ruled in the favor of Mendez vs. Westminster, which concluded to the desegregation of schools all over California; this was the stepping stone to Brown vs. the board of Education because it was seven years prior to the ruling…

    • 3815 Words
    • 16 Pages
    Powerful Essays
  • Better Essays

    We come then to the question presented; Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other “tangible” factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that…

    • 2979 Words
    • 12 Pages
    Better Essays
  • Good Essays

    14th Amendment Definition

    • 639 Words
    • 3 Pages

    A provision on equal protection in the Fourteenth Amendment of the Constitution looks towards protecting the civil rights of people living in the United States and has been used in defining the right of individuals and groups living in the country. In analyzing the provision of equal protection in the 14th amendment, the courts consider three aspects. First is the type of classification that a particular group falls through, for example, suspect classification or any other classification that the court can create and interpret. After determining the classification, the courts will determine the level of scrutiny applied to the identified class, whether it is a strict scrutiny or an intermediate scrutiny. Lastly is the determination of the kind of action that…

    • 639 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Seattle school case and Gratz v. Bollinger were in fact colorblind. The Seattle school system didn’t want to become un-proportional in terms of race. Any school that became out of line with that would start to evaluate the race of students, trying to keep as close to 60-40 as possible. The court begins to question the fact the only thing being considered is the race of the students when putting them into particular schools. They believed it is not just about color, but about where the kids have grown up, what religion the child might identify with, their value system and so on and so forth. Although the school system wants to become more diverse the court also said there had to be a preexisting problem of racial bias along with a history…

    • 341 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Civil Rights

    • 1045 Words
    • 5 Pages

    This case has a similar background to those of the assignment. The original action is based in 1962 in the city of Jackson, Mississippi. In that lawsuit, Clark v. Thompson, 206 F. Supp. 539 (SD Miss. 1962), the…

    • 1045 Words
    • 5 Pages
    Powerful Essays