Taylor v. State of Louisiana

Decision Date04 June 1962
Docket NumberNo. 773,773
Citation370 U.S. 154,82 S.Ct. 1188,8 L.Ed.2d 395
PartiesLevert H. TAYLOR et al. v. STATE OF LOUISIANA
CourtU.S. Supreme Court

See 378 U.S. 965, 82 S.Ct. 1578.

Carl Rachlin and Judith P. Vladeck, for petitioners.

Jack P. F. Gremillion, Atty. Gen. of, Louisiana, and M. E. Culligan, Asst. Atty. Gen., for respondent.

PER CURIAM.

Petitioners, six Negroes, were convicted of violating Louisiana's breach-of-the-peace statute, LSA—Rev.Stat.1950, § 14:103.1,1 and were given fines and jail terms by the state court. The Louisiana Supreme Court declined to review their convictions, and the case is here on petition for a writ of certiorari which we have granted.

Four of the six petitioners went into the waiting room customarily reserved for white people at the Trailways Bus Depot in Shreveport, Louisiana, in order to take a bus to Jackson, Mississippi. The Chief of Police of Shreveport approached the four and asked them why they were in the station. They told him they were interstate passengers and wished to purchase tickets and obtain travel information. The Chief told them they could do this in the colored waiting room and ordered them to move on. When the four refused to leave, stating again that they were interstate passengers and asserting their rights under federal law, they were ordered to leave or be arrested. The spokesman of the group then said, 'We have no choice; go ahead and arrest us.' The police thereupon arrested the four of them. The other two petitioners were then arrested, while sitting nearby in the automobile which had brought the six to the bus station.

At the trial there was testimony that immediately upon petitioners' entry into the waiting room many of the people therein became restless and that some onlookers climbed onto seats to get a better view. Nevertheless, respondent admits these persons moved on when ordered to do so by the police. There was no evidence of violence. The record shows that the petitioners were quiet, orderly, and polite. The trial court said, however, that the mere presence of Negroes in a white waiting room was likely to give rise to a breach of the peace. It held the mere presence of the Negroes in the waiting room, as part of a preconceived plan, was sufficient evidence of guilt. It accordingly held that the four had violated the state breach-of-the-peace statute and that the other two had counseled and procured the others to commit the crime.

Here, as in Garner v. Louisiana, 368 U.S. 157, 82 S.Ct. 248, 7 L.Ed.2d 207, the only evidence to support the charge was that petitioners were violating a custom that segregated people in waiting rooms according to their race, a practice not allowed in interstate transportation facilities by reason of federal law.2 Boynton v. Virginia, 364 U.S. 454, 459—460, 81 S.Ct. 182, 185—186, 5 L.Ed.2d 206. And see Mayor and City Council of Baltimore v. Dawson, 350 U.S. 877, 76 S.Ct. 133, 100 L.Ed....

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  • Stanton v. Sequoia Union High School Dist.
    • United States
    • U.S. District Court — Northern District of California
    • February 10, 1976
    ...298 F.Supp. at 218; Norwalk CORE, supra, 423 F.2d at 125-26 (Kaufman, Circuit Judge, dissenting); see also Taylor v. Louisiana, 370 U.S. 154, 82 S.Ct. 1188, 8 L.Ed.2d 395 (1962), and cases cited 423 F.2d at 126 n. 5 (fear of hostile reaction to a speaker's message is insufficient reason to ......
  • Brown v. State of Louisiana
    • United States
    • U.S. Supreme Court
    • February 23, 1966
    ...207, decided in December 1961, involved sit-ins by Negroes at lunch counters catering only to whites. Taylor v. State of Louisiana, 370 U.S. 154, 82 S.Ct. 1188, 8 L.Ed.2d 395, decided in June 1962, concerned a sit-in by Negroes in a waiting room at a but depot, reserved 'for whites only.' C......
  • Nesmith v. Alford
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • May 30, 1963
    ...U.S. 199, 80 S.Ct. 624, 4 L.Ed.2d 654; Garner v. Louisiana, 1961, 368 U.S. 157, 82 S.Ct. 248, 7 L.Ed.2d 207; Taylor v. Louisiana, 1962, 370 U.S. 154, 82 S.Ct. 1188, 8 L.Ed.2d 395. And as to an episode much more provocatively charged than our case, the Supreme Court has just recently rejecte......
  • Perkins v. State of Mississippi
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 2, 1972
    ...a denial of due process of law. Barr v. Columbia, 1964, 378 U.S. 146, 84 S.Ct. 1734, 12 L.Ed.2d 766; Taylor v. Louisiana, 1962, 370 U.S. 154, 82 S.Ct. 1188, 8 L.Ed.2d 395; Garner v. Louisiana, 1961, 368 U.S. 157, 82 S.Ct. 248, 7 L.Ed.2d 207; Thompson v. City of Louisville, 1960, 362 U.S. 19......
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