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HomeMy WebLinkAbout04.0- Announcements Westlaw, Page 1 71 F.Supp. 769 (Cite as: 71 F.Supp.769) C Conduct of city officials in excluding citizens of Mexican and Latin descent from use, enjoyment and District Court, S.D. California,Central Division. privileges of public bath house, swimming pool, LOPEZ et al. playground and park facilities constituted violation of V. constitution guaranteeing equal rights and privileges. SECCOMBE et al. U.S.C.A.Const.Amends.5, 14 Civ.No.3158-Y. Ian Constitutional Law 92 X2932 Feb. 5, 1944. 92 Constitutional Law Action by Ignacio Lopez and others against W.C. 92XXIV Privileges or Immunities;Emoluments Seccombe as Mayor of the City of San Bernardino and 92XXIV(B) Privileges and Immunities of others to enjoin defendants from excluding petitioners Citizens of the United States(Fourteenth Amendment) and all citizens of Mexican and Latin descent from 92XXIV(B)2 Particular Issues and Appli- use, enjoyment and all privileges of bath house, cations swimming pool,playground and park facilities. 92k2932 k. Race or national origin dis- crimination.Most Cited Cases Injunction granted. (Formerly 92k206(6)) West Headnotes Constitutional Law 92 03267 IL Constitutional Law 92 C=2932 92 Constitutional Law 92XXVI Equal Protection 92 Constitutional Law 92XXV1(B)Particular Classes 92XXIV Privileges or Immunities;Emoluments Ethnicity 92XXVI(B)8 Race, National Origin, or 92XXIVBI Privileges and Immunities of 920262 Government Property, Facili- Citizens of the United States(Fourteenth Amendment) ties,and Funds 92XXIV(B)2 Particular Issues and Appli- 92k3267 k. Recreation and enter- cations tainment facilities.Most Cited Cases 92k2932 k. Race or national origin dis- (Formerly 92k217(2),92k217) crimination.Most Cited Cases (Formerly 92k206(6)) Citizens who were of Mexican and Latin descent were entitled to equal rights and treatment with other Constitutional Law 92 X3267 citizens of United States in use and enjoyment of facilities of park, playground and swimming pool. 92 Constitutional Law U.S.C.A.Const.Amends. 5, 14, 92XXV1 Equal Protection 92XX V I(B)Particular Classes u Federal Civil Procedure 170A C;:zD186.15 92XXVI(B)8 Race, National Origin, or Ethnicity . 170A Federal Civil Procedure 92k3262 Government Property, Facili- 170AII Parties ties,and Funds 170A11(D)Class Actions 92k32t to k. Recreation and enter- 170AII(D)3 Particular Classes Represented tainnrent facilities. Most Cited Cases � (Formerly 92k217(2),92k217) 170Akl86.15 k. Racial, religious, or ethnic groups in general.Most Cited Cases (Formerly 170Akl8l) C 2013 Thomson Reuters.No Claim to Orig.US Gov.Works. ' Page 2 71 F.Supp. 769 (Cite as: 71 F.Supp.769) ents. Where action to enjoin city officials from ex- cluding citizens of Mexican and Latin descent from YANKWICH,District Judge. use of public bath house,swimming pool,playgrounds I. This court finds as true that said City of San and park facilities was brought on behalf of some Bernardino is a municipal corporation organized un- 8,000 persons of Mexican and Latin descent and ex- der and pursuant to the laws of the State of California; traction, all citizens of the United States residing that said City is a chartered city incorporated in the within district,petitioners could sue for benefit of all, State of California in the year 1886, and thereafter since questions involved were of common and general re-incorporated and its chapter approved and ratified interest and the parties were numerous so that it was by the State Legislature on February 8, 1905. impracticable to bring them all before court. II. This Court finds as true that at all times men- W Civil Rights 78 X1451 tioned in plaintiffs' complaint, W. C. Seccombe was and now is the duly qualified elected and acting Mayor 78 Civil Rights of said City of San Bernardino. 78111 Federal Remedies in General 78k 1449 Injunction III.This Court finds as true that Leslie Case,Wm. 78kl451 k. Public accommodations or fa- Roberts, George Shafer, *770 Howard L. Holcomb cilities.Most Cited Cases and Timothy Sheehan were at all times mentioned in (Formerly 78k263,78kl3.2(2),212k94) plaintiffs' complaint and now are the duly elected, qualified and acting members of the City Council of Action to enjoin city officials from excluding the City of San Bernardino. citizens of Mexican and Latin descent from enjoyment of public bath house, swimming pool, playgrounds IV.This Court finds as tine that James Cole was and park facilities was properly brought under statute at all times mentioned in plaintiffs'complaint and now authorizing actions to redress the deprivation of civil is the duly appointed and acting Chief of Police of said rights.Jud.Code, § 24(14),28 U.S.C.A. &41(14). City of San Bernardino. L51 Civil Rights 78 X1451 V.This Court finds as true that Hr.R.Griffin was at all times mentioned in plaintiffs'complaint and now 78 Civil Rights is the duly elected qualified and acting City Attorney 78111 Federal Remedies in General of said City of San Bernardino. 78k1449 Injunction 78k 1451 k. Public accommodations or fa- VI.This Court finds as true that Owen R.Bristow cilities. Most Cited Cases was at all times mentioned in plaintiffs'Complaint and (Formerly 78k263,78kl3.2(2),212k94) now is the duly appointed and acting Superintendent of Parks. Citizens of Mexican and Latin descent who had been excluded by city officials from public bath VII. This Court finds as true that petitioners and house, swimming pool, playgrounds and park facili- each of them herein,are and now are during all times ties had no plain,speedy or adequate or any remedy at mentioned have been,citizens of the United States and law and were suffering great irreparable damage and residents or taxpayers of said City and County, and were therefore entitled to an injunction. Jud.Code, § that each and all petitioners are of Mexican or Latin 24(14), 28 U.S.C.A. & 41(14); U.S.C.A.Const. descent or extraction. Amends. 5 14. VIII. This Court finds as true that petitioner Ig- *769 David C. Marcus, of Los Angeles, Cal., for pe- nacio Lopez is an American citizen of Mexican de- titioners. scent and extraction,a taxpayer of said County of San Bernardino, a graduate of Chaffee Jr. College and H. R. Griffin, of San Bernardino, Cal., for respond- Pomona College and the University of Southern Cal- C 2013 Thomson Reuters.No Claim to Orig.US Gov.Works. Page 3 71 F.Supp. 769 (Cite as: 71 F.Supp.769) ifomia; and recently head of the Spanish Department bathhouse,pool,plunge and facilities within said park in the Office of Foreign Language,Division of Office and playground is not inimical,harmful or detrimental of War Information, Spanish speaking director of the to the health, welfare or safety of other users thereof. Office of Coordinator of Inter-American affairs at Los Angeles, California, and is editor of El Espector, a XL This Court finds as true that for several years newspaper in said City and County. last past all persons of Mexican or Latin descent or extraction, though citizens of the United States of That petitioner Rev.R.N. Nunez is an American America have on repeated occasions been excluded, citizen of Mexican descent, ordained Catholic Priest barred and precluded from using,enjoying or entering and presides over the San Bernardino Parish of the upon that portion of said park and playground con- Guadalupe Church and is a resident of said City and taining said swimming pool, plunge, bath house and County. facilities, by respondents, their servants, agents and employees. That petitioner Eugenio Nogueroa is an American citizen of Latin descent, a graduate of Cayey High *771 XII.This Court finds as true that petitioners School,Porto Rico,and of University of Porto Rico,a and each of them and all others of Mexican or Latin former member of the 76th Field Artillery Third Di- descent have been denied admission to, and the use, vision, United States Army, and editor and publisher benefit and enjoyment of said swimming pool,plunge, at San Bernardino, California, and a resident and bath house, and facilities within said park and play- taxpayer of said City and County. ground by respondents, their servants, agents and employees, that such denial of admission,use,benefit That Virginia Prado is a student, citizen of the and enjoyment is based solely upon the fact that peti- United States, and a resident of the City of San Ber- tioners are of Mexican or Latin descent. nardino, County and State as aforesaid, and of Mexi- can descent. XIII. This Court finds as true that petitioners and others of Mexican and Latin descent or extraction, all That Refael Munoz is a student, citizen of the of them citizens of the United States, at various times United States, and a resident of the City of San Ber- too numerous to mention and particularly on or about nardino, County and State of aforesaid, and is a the first day of September, 1943, have sought admis- Mexican descendant. sion to the facilities of said park as mentioned,during hours when same were open to the public at large,but IX. This Court fords as true that each and all of said respondents, their servants, agents, and employ- Petitioners herein contribute to the financial support ees, denied petitioners the right to enter and use said and maintenance of said park,playground,swimming privileges based solely upon the fact that petitioners pool,plunge,and facilities mentioned and each and all were of Mexican and Latin descent or extraction.That of your petitioners are citizens and contributors and Petitioners on numerous occasion during the year are beneficially interested in the privileges, manage- 1943,and each of them,have protested to respondents, ment, control, use and occupation of said facilities as and each of them, have demanded admission and the heretofore stated, and as members of the public and use and privilege of the said facilities of said park at citizens of the United States,are entitled to admission and during the time that such facilities are open to the and the use and enjoyment of said playground, public to all of which said respondents did then and swimming pool,plunge,bathhouse and facilities. there refuse and still fail and refuse at all times, or at any time, when same is open to the public, solely for X. This Court finds as true that all of your peti- the reasons stated. tioners are of clean and moral habits not suffering any disability, infectious disease, nor have they any XIV.This Court finds as true that petitioners and physical or mental defect,but in all other respects are other persons of Mexican and Latin descent, all citi- persons proper and qualified to be admitted to and zens of the United States, are denied the use and en- enjoy the use of said bathhouse, plunge, swimming j oyment of the facilities of said park as aforesaid pool,park,playground,and all facilities in connection notwithstanding that other persons and the public are therewith. That their admission to and the use of said allowed the use and enjoyment of said privileges at all 0 2013 Thomson Reuters.No Claim to Orig.US Gov.Works. Page 4 71 F.Supp. 769 (Cite as:71 F.Supp.769) times when such park and facilities are open to the brought under the provisions of Section 24 of the public.That by reason thereof,the injury to petitioners Judicial Code of the United States,28 U.S.C.A. &41, is continuous, great and irreparable, and is calculated Sub. 14, to prevent the respondents from unlawful- to affect their health and rights as citizens of the ly*772 interfering with petitioners'equal protection of United States of America, and of the State of Califor- the laws and due process of law. nia. XX.This Court finds as true that petitioners have XV. This Court finds as true that by this suit and no plain,speedy or adequate or any remedy at law,and proceedings, petitioners seek to redress the depriva- that petitioners are suffering great and irreparable tion by respondents herein,under color of regulation, damage. custom and usage, of petitioners' civil rights, privi- leges and immunities secured to them by the Laws of As Conclusions of Law from the Foregoing the United States, and as guaranteed to each of them Findings of Fact, the Court herein now concludes as by the Laws and Constitution of the United States of follows: America. 1 2 I.That respondents'conduct is illegal and is XVI. This Court finds as true that respondents' in violation of petitioners rights and privileges as conduct as aforesaid, is illegal and is in violation of guaranteed by the Constitution of the United States, petitioners'rights and privileges, as guaranteed by the and as secured and guaranteed to them as citizens of Constitution of the United States of America, and as the United States, by the Constitution of the United secured and guaranteed to them as citizens of the United States of America, as articular] States of America, as particularly provided under the particularly provided Fifth and Fourteenth Amendments. That petitioners under the Fifth and Fourteenth Amendments. That are entitled to such equal accommodations, ad- petitioners are entitled to such equal accommodations, vantages, and privileges and to equal rights and advantages and privileges and to equal rights and treatment with other persons as citizens of the United treatment with other persons as citizens of the United States,in the use and enjoyment of the facilities of said States,in the use and enjoyment of the facilities of said park and playground and to equal treatment with other park and playground and to equal treatment with other persons and to equal protection of the laws in their use persons and to the equal protection of the laws in their and enjoyment of said privileges as provided, and use and enjoyment of said privileges as provided,and afforded,to other persons at all times when the same is afforded to other persons at all times when the same is open and used by them. open and used by them. II. That said denial of the admission and usage is XVII. This Court finds as true that petitioners unconstitutional, illegal and void and is being en- allege that said denial of the admission and usage is forced against petitioners and each of them, by such unconstitutional, illegal and void and is being en- discriminatory conduct and practice by respondents, forced against petitioners and each of them, by such and each of them discriminatory conduct and practice by respondents and each of them. L3j III. That this action is brought on behalf of petitioners and some 8,000 other persons of Mexican XVIII. This Court finds as true that this action is and Latin descent and extraction all citizens of the brought on behalf of petitioners and some 8,000 other United States of America,residing within said district. persons of Mexican and Latin descent and extraction, That the questions involved by these proceedings are all citizens of the United States of America, residing one of common and general interest and the parties are within said district. That the questions involved by numerous and it is impractical to bring all of them these proceedings are one of a common and general before the Court. Therefore, these petitioners sue for interest and the parties are numerous and it is imprac- the benefit of all. tical to bring all of them before the Court. Therefore, these petitioners sue for the benefit of all. W IV. That this action is brought under the pro- visions of Section 24 of the Judicial Code of the XIX. This Court finds as true that this action is United States, 28 U.S.CA. & 41(14) to prevent the ©2013 Thomson Reuters.No Claim to Orig.US Gov.Works. Page 5 71 F.Supp.769 (Cite as:71 F.Supp.769) respondents from unlawfully interfering with the pe- titioners'equal protection of the laws and due process of law. [51 V. That petitioners have no plain, speedy or adequate or any remedy at law,and that petitioners are suffering great irreparable damage. VI. That by this suit and proceedings,petitioners seek to redress the deprivation by respondents herein, under color of regulation, custom and usage, of peti- tioners' civil rights, privileges, and immunities se- cured to them by the laws of the United States,and as guaranteed to each of them by the laws and Constitu- tion of the United States of America. VIL That petitioners are entitled to a permanent injunction against the respondents. Let judgment be entered accordingly. D.C.CAL. 1944. Lopez v.Seccombe 71 F.Supp.769 END OF DOCUMENT i i i i i i i f s ©2013 Thomson Reuters.No Claim to Orig.US Gov.Works.