National Park Service U.S. Department of the Interior National Historic Landmarks Survey National Register, History and Education Civil Rights in America: Racial Desegregation in Public Accommodations A National Historic Landmark Theme Study Draft, February 2004 NPS Form 10-900-b OMB No. 1024-0018 (March 1992) United States Department of the Interior National Park Service National Register of Historic Places Multiple Property Documentation Form This form is used for documenting multiple property groups relating to one or several historic contexts. See instructions in How to Complete the Multiple Property Documentation Form (National Register Bulletin 16B). Complete each item by entering the requested information. For additional space, use continuation sheets (Form 10-900-a). Use a typewriter, word processor, or computer to complete all items. __X__ New Submission ____ Amended Submission =================================================================================== A. Name of Multiple Property Listing =================================================================================== CIVIL RIGHTS IN AMERICA THEME STUDY: RACIAL DESEGREGATION OF PUBLIC ACCOMMODATIONS =================================================================================== B. Associated Historic Contexts =================================================================================== (Name each associated historic context, identifying theme, geographical area, and chronological period for each.) =================================================================================== C. Form Prepared by =================================================================================== name/title Matt Garcia, Alton Hornsby, Jr., and Steven Lawson/Historians; Susan Cianci Salvatore/Preservation Planner organization National Park Service, National Register, History and Education, National Historic Landmarks Survey; National Conference of State Historic Preservation Officers; and Organization of American Historians Date February 17, 2004 street & number 1849 C Street, NW (2280) Telephone 202-354-2210 city or town Washington state DC zip code 20240 ================================================================================== D. Certification ================================================================================== As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this documentation form meets the National Register documentation standards and sets forth requirements for the listing of related properties consistent with the National Register criteria. This submission meets the procedural and professional requirements set forth in 36 CFR Part 60 and the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. (See continuation sheet for additional comments.) _________________________________________________ ________________________________________ Signature and title of certifying official Date _________________________________________________ State or Federal agency and bureau ================================================================================== I hereby certify that this multiple property documentation form has been approved by the National Register as a basis for evaluating related properties for listing in the National Register. __________________________________________________ ________________________________________ Signature of the Keeper Date ================================================================================= Table of Contents for Written Narrative ================================================================================= Provide the following information on continuation sheets. Cite the letter and the title before each section of the narrative. Assign page numbers according to the instructions for continuation sheets in How to Complete the Multiple Property Documentation Form (National Register Bulletin 16B). Fill in page numbers for each section in the space below. Page Numbers E. Statement of Historic Contexts (If more than one historic context is documented, present them in sequential order.) INTRODUCTION......................................................................................................................................................2 PART ONE, 1775-1900.............................................................................................................................................5 Colonial Era to the Civil War........................................................................................................................6 Reconstruction to the Age of Jim Crow........................................................................................................9 Segregation of Latina/os in the 19th Century...............................................................................................20 PART TWO, 1900-1941..........................................................................................................................................25 The Age of Jim Crow to World War II...................................................................................................... 26 Segregation of Latina/os in the 20th Century...............................................................................................35 PART THREE, 1941-1954.......................................................................................................................................41 Birth of the Civil Rights Movement............................................................................................................42 Latina/os Movements for Desegregation of Public Accommodations........................................................52 PART FOUR, 1954-1964.........................................................................................................................................64 Modern Civil Rights Movement..................................................................................................................65 Civil Rights Legislation...............................................................................................................................92 F. Associated Property Types...................................................................................................................104 (Provide description, significance, and registration requirements.) Property Types..........................................................................................................................................104 Registration Requirements........................................................................................................................104 G. Geographical Data.................................................................................................................................111 H. Summary of Identification and Evaluation Methods.........................................................................112 (Discuss the methods used in developing the multiple property listing.) Methodology……………………………………………………………………..………………………112 Survey Results……………………………………………………………………..…………………….114 I. Major Bibliographical References.......................................................................................................130 (List major written works and primary location of additional documentation: State Historic Preservation Office, other State agency, Federal agency, local government, university, or other, specifying repository.) Appendix A. National Register of Historic Places Criteria..................................................................................143 Appendix B. Chronological List of Selected Local/National Movements...........................................................147 Appendix C. Chronology of the May 1961 Freedom Ride: Alabama & Mississippi..........................................150 Appendix D. Civil Rights Acts, Interstate Commerce Commission Rulings, & U.S. Supreme Court Rulings..152 =============================================================================== Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 120 hours per response including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Chief, Administrative Services Division, National Park Service, P.0. Box 37127, Washington, DC 20013-7127; and the Office of Management and Budget, Paperwork Reductions Project (1024-0018), Washington, DC 20503. NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 RACIAL DESEGREGATION OF PUBLIC ACCOMMODATIONS–DRAFT Page 1 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form STATEMENT OF HISTORIC CONTEXTS Marion Anderson performing at the Lincoln Memorial, Washington, D.C. on April 9, 1939. (Marian Anderson Collection, Rare Book & Manuscript Library, University of Pennsylvania.) NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 RACIAL DESEGREGATION OF PUBLIC ACCOMMODATIONS–DRAFT Page 2 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form E. STATEMENT OF HISTORIC CONTEXT INTRODUCTION In 1999 the U.S. Congress authorized the National Park Service to conduct a multi-state study of civil rights sites to determine the appropriateness of including these sites in the National Park System. To determine how best to proceed, the National Park Service partnered with the Organization of American Historians to compile an overview of civil rights history as a framework for identifying sites. Overall, it was determined that while a number of civil rights sites had been identified and interpreted, there were still many sites that remained to be identified and evaluated. Taking this into account, the framework recommended that a National Historic Landmarks theme study be prepared to identify sites that may be nationally significant, and that the study be based on provisions of the 1960s civil rights acts. These include the Civil Rights Act of 1964 (covering voting rights, equal employment, public accommodations, and school desegregation enforcement), the Voting Rights Act of 1965, and the Fair Housing Act of 1968. This specific portion of the study focuses on the aspect of public accommodations.1 Inclusion in the National Park System first requires that properties meet the National Historic Landmark criteria, and then meet additional tests of suitability and feasibility. To establish guidance on meeting landmark criteria, this study provides a historic context within which properties may be evaluated for their significance in civil rights and establishes registration requirements for National Historic Landmark consideration. Completion of this study will also assist in the identification of sites for National Historic Landmark designation and will help nominating authorities in states and federal agencies identify properties that should be nominated and listed in the National Register of Historic Places. Public Accommodations Overview The physical separation of the races in public accommodations was a resented and demeaning practice for those denied equal access. Segregation in theaters, restaurants, hotels, and buses was a constant irritant in everyday life and an insulting inconvenience. It resulted in direct confrontations between racial minorities claiming the right to pay for goods and services in the marketplace, and white business owners who claimed the right to serve who they chose. Overall, the civil rights movement forced federal intervention that destroyed the legal foundations of racism and transformed race relations in the South. The resulting 1964 Civil Rights Act “was a landmark in legislative attempts to improve the quality of life for African Americans and other minority groups.” Title II of the act “[o]utlawed discrimination in hotels, motels, restaurants, theaters, and all other public 2 accommodations engaged in interstate commerce.” A thorough study of desegregation of public accommodations requires an initial understanding of how racial segregation has operated in the United States. Segregation did not occur uniformly throughout the United States, and the form and content of this practice changed over time. Variations in this practice had much to do with the places in which they occurred and the groups 1 In the area of school desegregation, the National Park Service partnered with the Organization of American Historians to complete a National Historic Landmarks Theme Study entitled, “Racial Desegregation in Public Education in the United States,” (2000). Other topics to be covered in future chapters of the civil rights story include housing, equal employment, and voting. 2 Quoted material from www.congresslink.org/civil/essay.html. NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 RACIAL DESEGREGATION OF PUBLIC ACCOMMODATIONS–DRAFT Page 3 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form involved. This study’s emphasis on “racial” segregation and desegregation suggests, however, that the denial of equal access to public accommodations to a group or groups had much to do with the common experience of being labeled nonwhite, and therefore not worthy of equal access on racial grounds. What made each group nonwhite differed from place to place, but the fact that these beliefs applied to various groups in different locations throughout the nation over several years is a testament to the ways in which race has shaped our society. State laws, local ordinances, and customs that segregated whites and blacks were also applied to other minorities. To represent this aspect, this study expands beyond the African American story to include the experience of Latinos. Within this context, Mexicans represent the best example for the study of Latinos since their experiences with segregation have been plentiful and their history is rich with examples. Of special note in documenting the Latino experience in discrimination is the level of documentation available in the area of public accommodation segregation and desegregation as compared to other areas of discrimination. The most documented cases of systematic segregation and desegregation have occurred in the realm of education since public schools were the sites of the most organized attempts to separate groups along racial lines. The fight to dismantle school segregation involved numerous court cases such as Mendez v. Westminster (1946) and Brown v. Board of Education of 3 Topeka (1954) that produced richly documented sources for historians to piece together. Similarly, historians of segregation and desegregation in housing have benefited from rich archival sources such as restrictive clauses in new housing contracts and the records of the Federal Housing Administration. Court cases such as Shelley v. Kraemer (1948) figured prominently in the struggle 4 to end the practice of residential segregation that left behind valuable evidence of desegregation. The systematic and legal nature of both educational and housing discrimination has made the writing of this history possible. In documenting Latino experiences of segregation in public accommodations, many Chicano/Latino historians have relied on oral history and material evidence (such as photos of signs reading “White- trade Only” on places of business) as well as court cases and legislative acts to compile a record of this segregation. Struggles against such systems of discrimination have largely been documented in Spanish and bilingual community newspapers that reported mass movements against theaters, public pools, restaurants, and bars that denied equal service to Latino clientele. While these histories provide a fuller picture of the kind of racial exclusion experienced by Latino people, they have not been addressed in books and articles focused solely on segregation in public accommodations. Rather, these experiences have been embedded in more general discussions of discrimination and the civil rights movements. Unlike education and housing desegregation that emerged as a result of landmark court decisions, the end of segregation in public accommodations more often occurred in the wake of direct action such as picketing, boycotts, and media attention to the problem. 3 In the case of Mendez v. Westminster School District, 64 F. Supp. 544 (1946), 161 F.2d 744 (1947), the courts found segregation of Mexican students unlawful in California and a denial of the equal protection clause of the Fourteenth Amendment. In Brown v. Board of Education, 347 U.S. 483 (1954), the U.S. Supreme Court found public school segregation unconstitutional. 4 Matt Garcia, A World of Its Own: Race, Labor, and Citrus in the Making of Greater Los Angeles, 1900-1970 (Chapel Hill, NC: The University of North Carolina Press, 2001), 24; George Lipsitz, The Possessive Investment in Whiteness: How White People Profit from Identity Politics (Philadelphia: Temple University Press, 1998), 25-33; Carey McWilliams, “Los Angeles: An Emerging Pattern,” Common Ground IX, no. 3 (1949 Spring): 3-10. Shelley v. Kramer, 334 U.S. 1 (1948) found racially restrictive covenants in real estate illegal. NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 RACIAL DESEGREGATION OF PUBLIC ACCOMMODATIONS–DRAFT Page 4 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form The National Park Service also gave consideration to inclusion of the Asian American and Native American experience in this study. Scholarly guidance indicated that this form of discrimination was not a prominent civil rights issue in their respective histories. The struggle for Asian Americans for equal treatment in terms of public accommodations was largely settled with the ending of their special status as aliens ineligible for citizenship in the era of 1943-1952. While there are individual examples of local denial of equal accommodations—such as in Seattle and Los Angeles—they did not leave a trail of case law. By the time most successful suits about equal accommodations were instituted, Asian Americans were not being denied them to any great degree. For Native Americans (including Alaska Natives and Native Hawaiians), the National Park Service study Civil Rights in America: A Framework for Identifying Significant Sites (draft, 2002) did not identify any events, persons, or places associated with access to public accommodations. It did, however, recognize that the Native American civil rights story is unique. Therefore, the study recommended that the National Park Service consult with Native Americans regarding the completion of a separate theme 5 study for the history of Native American civil rights. Study Format This document begins with a historic context of the segregation and desegregation of public accommodations that includes both places of business and public transportation. The context is divided into four chronological periods that intertwine the Latino and African American stories. Part One covers the colonial era and extends up to the age of Jim Crow. Part Two covers the age of Jim Crow to World War II. Part Three begins with the effects of World War II on discrimination and explores the subsequent various efforts for desegregation in the post war period up to 1954 and the U.S. Supreme Court’s decision in Brown v. Board of Education. Part Four is devoted to the modern civil rights movement leading up to the passage of the Civil Rights Act of 1964. The context is followed by a discussion of associated property types (such as parks and restaurants) that may illustrate key events, decisions, and persons associated with milestones or crucial turning points in the historical movement to desegregate public accommodations. Registration requirements then outline how properties may qualify for National Historic Landmark designation. The summary of identification and evaluation methods includes a description of the methodology used in the survey, and a list of currently designated and potential historic properties identified during the course of the study. A series of appendices conclude the study. Appendix A addresses the criteria for listing on the National Register of Historic Places at the state and local levels of significance. Appendix B contains a list of selected local and national movements. Appendix C describes the chronological development of the May 1961 Freedom Ride through Alabama and Mississippi. Lastly, Appendix D lists civil rights acts, Interstate Commerce rulings and U.S. Supreme Courts rulings associated with racial discrimination in public accommodations. 5 Serving as consulting historians on the Asian American and Native American stories were Dr. Roger Daniels, Charles Phelps Taft Professor of History, University of Cincinnati; and Dr. James Riding In, Associate Professor of Justice studies and American Indian Studies, Arizona State University, and citizen of the Pawnee Nation of Oklahoma. NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 RACIAL DESEGREGATION OF PUBLIC ACCOMMODATIONS–DRAFT Page 5 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form PART ONE, 1775-1900 Newspaper illustration from the London News, September 27, 1856. African-American Perspectives: The Progress of a People, Library of Congress. NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 RACIAL DESEGREGATION OF PUBLIC ACCOMMODATIONS–DRAFT Page 6 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form 6 COLONIAL ERA TO THE CIVIL WAR Colonial Free Black Population Equal access to public accommodations arose early in the history of the United States of America. It began in the colonial era and continued through the Civil War into the twentieth century. Since most persons of African descent in the North American colonies, and later the United States, were in bondage prior to the Civil War, the question of race and public accommodations was largely one which affected the class of blacks known as “free Negroes.” The origins of this class were characterized by similar factors. Standing out foremost are emancipation or manumission by slave owners, purchase by free blacks or others, escape from slavery, and state action. Between 1775 and 1783, emancipation accelerated in some places during the “atmosphere of freedom” created by the American Revolution. It is impossible to render an accurate estimate of this free black population before the first census of 1790. Even with the first and later censuses, the enumeration of this population was fraught with difficulties and obstacles. One difficulty was that much of the black population became “invisible” at census-taking time, as many blacks tended to fear census takers as “slave catchers.” Another difficulty was how black residences, located in dilapidated and dangerous parts of cities or isolated parts of rural areas, deterred census takers. Lastly, categories of African Americans based upon skin 7 complexion or circumstance of birth complicated specific racial designation. th Beginning in the 19 century, growth in the free black population is attributed to the abolition of slavery in the North, the increase of manumissions in the Upper South, and the growing possibility for slaves to either purchase their freedom or run away in the South. By 1830, slavery in the North had been virtually abolished through constitutional, judicial, or legislative action and the free black population had increased substantially from 27,000 in 1790, to about 130,000 in 1830. In the Upper South the free black population rose from 30,000 in 1790, to about 150,000 in 1830. However, the story in the Lower South was quite different. In 1790 there were only about 2,000 free blacks. Even with adding Louisiana after 1803, the free black population in the Lower South was no higher than in 8 the Upper South in 1790. As this population grew, legal restrictions on their political and civil rights (especially in the cities) were quickly enacted and reflected the steady deterioration of the legal and social status of free 9 blacks, making it difficult to distinguish between slaves and free blacks. Also, fear of slave insurrections, such as Nat Turner’s rebellion in 1831, had the effect of deterring further slave manumission and constricting the liberty of free blacks in the South. Some scholars have produced valuable studies on the effect of racism on the free black caste. Historian Winthrop Jordan observed 6 Part One of this study on African American history was authored by Dr. Alton Hornsby, Jr., Fuller E. Callaway Professor, Morehouse College and Susan C. Salvatore, Preservation Planner, National Park Service, National Historic Landmarks Survey. 7 Ira Berlin, Slaves Without Masters: The Free Negro in the Antebellum South (New York: Pantheon Books, 1974) 15; Donald R. Wright, African Americans in the Early Republic, 1789-1831 (Arlington Heights, IL: Harlan Davidson, Inc., 1993), 126; Alton Hornsby, Jr., Chronology of African American History, 2nd. ed. (Detroit: Gale Research, Inc., 1997), xx. 8 Berlin, Slaves Without Masters, 46-49; Leon F. Litwack, North of Slavery: The Free Negro in the United States, 1790- 1860 (Chicago: The University of Chicago Press, 1961), 14. 9 Hornsby, Chronology of African American History, xx-xxi.