From Casetext: Smarter Legal Research

City of New Orleans, Louisiana v. Adams

United States Court of Appeals, Fifth Circuit
Aug 8, 1963
321 F.2d 493 (5th Cir. 1963)

Summary

involving leases of restaurants in airports

Summary of this case from Smith v. City of Birmingham, Alabama

Opinion

No. 19898.

August 8, 1963.

Herman L. Barnett, Charles Schwartz, Jr., Alvin J. Liska, Ernest Salatich, James Everett Brown, Asst. City Atty., New Orleans, La., for appellant.

A.P. Tureaud, New Orleans, La., Michael Meltsner, Jack Greenberg, James M. Nabrit, III, New York City, for appellees.

Before PHILLIPS, WISDOM and GEWIN, Circuit Judges.

Of the Tenth Circuit sitting by designation.


This is a class action by Negro plaintiffs to desegregate certain restaurant, bar, and lounge facilities at the Moisant International Airport near New Orleans. These facilities are operated by Interstate Host, Inc., under an exclusive lease or franchise granted by the City Council of New Orleans pursuant to a municipal ordinance. The agreement gives the City the right to review and correct deficiencies in the quality and quantity of products served, and to reduce prices if they are not in accord with prices in effect at comparable restaurants and cocktail lounges in New Orleans. The lease also provides that Interstate shall discharge any employee deemed undesirable by the New Orleans Aviation Board, the city agency charged with operating the Moisant Airport. The defendants are the City of New Orleans and the Mayor, the manager of the airport, the New Orleans Aviation Board, its chairman and members, and Interstate Company (Interstate Host, Inc.)

The defendants-appellants assert the following defenses: (1) Interstate is a purely private enterprise; (2) the facilities are located on "surplus" city property, improved by Interstate at a cost of nearly a million dollars; (3) the Snack Bar and Coffee Shop serve food and drink on a desegregated basis; (4) Le Bar, the International Room, a restaurant, and the Cocktail Lounge, which adjoins the International Room, are luxury type facilities catering to a specialized clientele; (5) if an injunction were granted, the use of the facilities by Negroes would be "infinitestimally" small, and Interstate would suffer a severe financial loss.

The lessee did not appeal.

The district judge granted a preliminary injunction. D.C. 208 F. Supp. 427 (1962). He had no alternative. The defendants do not deny that the facilities in question are segregated, and state action is evident. The defenses are patently frivolous. The Supreme Court has "settled beyond question that no State may require racial segregation of interstate or intrastate transportation facilities. * * * The question is no longer open; it is foreclosed as a litigable issue." Bailey v. Patterson, et al., 1962, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512. See Burton v. Wilmington Parking Authority, 1961, 365 U.S. 715, 81 S.Ct. 856, 6 L.Ed.2d 45; Turner v. City of Memphis, 1962, 369 U.S. 350, 82 S.Ct. 805, 7 L.Ed.2d 762; Derrington v. Plummer, 5th Cir. 1956, 240 F.2d 922; cert. den. sub. non. Casey v. Plummer, 353 U.S. 924, 77 S.Ct. 680, 1 L.Ed.2d 719; Brooks v. City of Tallahassee, N.D.Fla. 1961, 202 F. Supp. 56; Coke v. City of Atlanta, N.D.Ga. 1960, 184 F. Supp. 579. The Atlanta and Tallahassee cases involved airport restaurants.

The judgment is affirmed.


Summaries of

City of New Orleans, Louisiana v. Adams

United States Court of Appeals, Fifth Circuit
Aug 8, 1963
321 F.2d 493 (5th Cir. 1963)

involving leases of restaurants in airports

Summary of this case from Smith v. City of Birmingham, Alabama
Case details for

City of New Orleans, Louisiana v. Adams

Case Details

Full title:The CITY OF NEW ORLEANS, LOUISIANA, Appellant, v. William R. ADAMS et al.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 8, 1963

Citations

321 F.2d 493 (5th Cir. 1963)

Citing Cases

Smith v. City of Birmingham, Alabama

Burton v. Wilmington Parking Authority, supra (lease of a restaurant in an auto parking building owned and…

Daniel v. Waters

The most prominent instance involves state laws mandating racial segregation, in the face of Supreme Court…