City of St. Petersburg v. Alsup
Decision Date | 19 December 1956 |
Docket Number | No. 16100.,16100. |
Citation | 238 F.2d 830 |
Parties | CITY OF ST. PETERSBURG, etc., and Jack Puryear, as Director of the Bureau of Recreation of the City of St. Petersburg, Florida, Appellants, v. Fred ALSUP et al., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
Harry I. Young, Asst. City Atty., Lewis T. Wray, City Atty., Frank D. McDevitt, Asst. City Atty., St. Petersburg, Fla., for appellants.
Francisco A. Rodriguez, Harold A. Jackson, Tampa, Fla., for appellees.
Before RIVES, TUTTLE and JONES, Circuit Judges.
The district court enjoined the appellants from refusing to allow the appellees and other negroes similarly situated to use the municipal beach and swimming pool on the same basis as white citizens of the municipality. On the authority of Dawson v. Mayor and City Council of City of Baltimore, 4 Cir., 220 F.2d 386, affirmed 350 U.S. 877, 76 S.Ct. 133, the judgment should be affirmed, unless the cases are distinguishable.
The distinction urged by appellants is that the City of Baltimore operates its parks and swimming facilities in its governmental capacity,1 while the City of St. Petersburg operates its swimming pool and beach in its proprietary capacity.2 Further elaborating their position, the appellants argue in brief:
It becomes obvious, at once, that if appellants' contention be accepted, the Constitution would operate with different effect in Maryland and in Florida; and probably also in various other states. The same contention has been unsuccessfully urged to shield municipalities from their own states and was thus answered in City of Trenton v. State of New Jersey, 262 U.S. 182, 191-192, 43 S.Ct. 534, 538, 67 L.Ed. 937:
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