Clemmons v. Congress of Racial Equality

• Decision Date: 02 February 1962
• Docket Number: No. 624.,624.
• Parties: Bryan CLEMMONS, Wingate White, and John Christian, the Latter in His Official Capacity as Mayor-President, and as Such Mayor of the City of Baton Rouge, Louisiana, Plaintiffs, v. CONGRESS OF RACIAL EQUALITY, John Doe, and Mary Doe, Defendants.
• Court: U.S. District Court — Eastern District of Louisiana

201 F. Supp. 737

Bryan CLEMMONS, Wingate White, and John Christian, the Latter in His Official Capacity as Mayor-President, and as Such Mayor of the City of Baton Rouge, Louisiana, Plaintiffs, v. CONGRESS OF RACIAL EQUALITY, John Doe, and Mary Doe, Defendants.

No. 624.

United States District Court E. D. Louisiana, Baton Rouge Division.

February 2, 1962.

COPYRIGHT MATERIAL OMITTED

R. Gordon Kean, Jr., Parish Atty., John V. Parker, Asst. Parish Atty., Sargent Pitcher, Jr., Dist. Atty., John F. Ward, Jr., Asst. Dist. Atty., Baton Rouge, La., for plaintiffs.

Johnnie A. Jones, Baton Rouge, La., for defendants.

WEST, District Judge.

This suit, seeking injunctive relief, was initiated by Bryan Clemmons, Sheriff of the Parish of East Baton Rouge, Louisiana, Wingate White, Chief of Police of the City of Baton Rouge, Louisiana, and John Christian, Mayor-President of the City of Baton Rouge and Parish of East Baton Rouge, State of Louisiana, as plaintiffs, against the Congress of Racial Equality, a New York corporation, hereinafter referred to as CORE, and John Doe and Mary Doe, nominal parties, described as "residents of states other than Louisiana", as defendants.

The plaintiffs' complaint alleges, in essence, that CORE and others associated with it, are sponsoring, financing and encouraging John Doe and Mary Doe and others to come into Baton Rouge to ferment violence, to provoke breaches of the peace, and other law violations; that such actions on the part of the defendants and others acting in concert with them, have caused large numbers of people to congregate on the public streets and ways, contrary to the laws of the State of Louisiana; that defendants, and those acting in concert with them, have obstructed and blocked certain public streets and ways such as to deny and deprive plaintiffs and others for whom plaintiffs are responsible, of their civil rights, including the right to freely use said streets and ways, and their right to unimpaired and unhampered ingress and egress to public and private buildings in the area; that these actions on the part of the defendants have unlawfully interfered with the plaintiffs in the performance of their official duties and have unlawfully prevented the plaintiffs, as public officials, from giving or securing to all persons in the City and Parish the equal protection of the laws, including the equal right of all citizens to use the public ways and streets of the City of Baton Rouge and the Parish of East Baton Rouge, Louisiana, all in violation of the State Statutes hereinafter referred to, and in violation of Title 42 U.S.C.A. § 1985(3); that such actions on the part of the defendants constituted a conspiracy for the purpose of restraining trade in violation of Title 15 U.S.C.A. § 1; that plaintiffs have no adequate remedy at law, and therefore injunctive relief is sought.

Defendants, in their answer, admit the jurisdiction of this Court as alleged by the plaintiffs, and further seek to invoke its jurisdiction pursuant to Title 28 U.S. C. § 1331; Title 42 U.S.C. § 1983; Title 42 U.S.C.A. § 1981; and Title 28 U.S.C. § 2281. Defendants deny "for lack of sufficient information to base a belief" all material allegations of the plaintiffs' complaint as written, and then admit that they, defendants, did in protest of racial segregation laws, customs, and usages, picket twelve stores which were referred to in the plaintiffs' complaint, urging persons in sympathy with their cause to refrain from patronizing those stores; they then allege that certain of the defendants who were picketing these stores were arrested and placed in jail for alleged violation of the Louisiana Statutes hereinafter referred to, which arrests, defendants allege, violated their right to freedom of speech as guaranteed by the First Amendment to the United States Constitution, and was contrary to the due process and equal protection provisions of the Fourteenth Amendment to the United States Constitution. Defendants further allege that they did "peaceably assemble in protest of racial segregation" in accordance with the rights of assembly afforded to all citizens by the First Amendment to the United States Constitution, and that they, the defendants, did publicly announce that they intended to continue to so assemble and protest in the future. Then, by counterclaim, the defendants allege that the activities in which the defendants were engaged on December 11, 12, 13, 14, and 15, of 1961, were not criminal in nature, nor did those activities contemplate criminal activities on the part of the defendants, and that therefore, the activities engaged in by the defendants on those days were not embraced within the terms and meanings of LSA-R.S. 14:59; 14:63.4; 14:92; 14:100.1; 14:103; and 14:103.1; and that the application of these laws to the activities of the defendants, including the arrest of the pickets, constituted a violation of their constitutional rights as guaranteed by the First and Fourteenth Amendments to the United States Constitution. Defendants pray that the plaintiffs' demands for injunctive relief be denied, and that instead, an injunction issue against the plaintiffs, enjoining the plaintiffs from disturbing the defendants in the exercise of their alleged constitutional rights of freedom of speech and assembly, and further enjoining the plaintiffs from applying or enforcing the provisions of the Louisiana Statutes above mentioned to the activities of these defendants.

Upon the application of the plaintiffs, and the Court being of the opinion that the plaintiffs had no adequate remedy at law, and that immediate and irreparable injury or damage was imminent, a temporary restraining order was issued by this Court on December 15, 1961, restraining and enjoining the Congress of Racial Equality and John Doe and Mary Doe, and each of them, and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, from continuing to sponsor, finance, or encourage unlawful picketing in the City of Baton Rouge, from engaging or participating in any unlawful congregating or marching in the streets or other public ways of the City of Baton Rouge, Louisiana, from conspiring, encouraging, or participating in any boycott in restraint of trade, or from doing any other act designed to provoke breaches of the peace, or from doing any act in violation of the provisions of LSA-R.S. 14:59; 14:63.4; 14:92; 14:100.1; 14:103; 14:103.1, as well as Title 42 U.S.C.A. § 1985, and Title 15 U.S.C.A. § 1 et seq. This restraining order was then renewed on December 22, 1961, and after a hearing, on January 5, 1962, a temporary injunction in the form and substance of the temporary restraining order was issued pending this hearing on the merits. A full hearing on the merits of plaintiffs' application for the issuance of a permanent injunction was held on January 11 and 12, 1962. During the trial of this case, the defendants did not choose to produce any witnesses or introduce any evidence of any kind. All of the facts, as hereinafter determined by this Court, resulted from evidence adduced at the trial of the case by the plaintiffs, and the cross-examination by defendants' attorneys of the witnesses produced by the plaintiffs. At the conclusion of the presentation of the plaintiffs' evidence, the defendants announced that they rested their case solely and entirely on the examinations and cross-examinations of plaintiffs' witnesses. From the evidence taken at the trial of this case, the Court now makes the following findings and conclusions, which shall be considered as its findings of fact and conclusions of law as required by Rule 52 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

Some time shortly prior to December 8, 1961, the following letter was directed to and received by some twelve merchants and department stores in the City of Baton Rouge, Louisiana:

"Dear Sir: We have made several attempts by telephone to make appointments to negotiate with you in regard to securing equality in employment and desegregation of facilities for all citizens. We want to negotiate, but promptness, cooperation, and action are essential pre-requisites in order to achieve racial equality through negotiation.

"In spite of the busy Christmas season, it is necessary that we confer with you in person by Saturday, December 9, 1961, before 12:00 noon. We realize that Christmas is a busy season for buying and selling.

"If you cannot manage to arrange a personal conference before or on the deadline, kindly inform us as to your intentions. We hope that you will take immediate action in meeting the aforesaid ends. In good faith, we submit our grievances and request satisfaction.

"Sincerely yours EXECUTIVE COMMITTEE OF BATON ROUGE CHAPTER OF CONGRESS OF RACIAL EQUALITY"

At approximately the same time, CORE, through its members and representatives, distributed circulars or handbills urging Negroes to refuse to patronize the twelve stores listed thereon until those stores afforded "better job opportunities" to the members of the Negro race, and until these stores desegregated all of their various facilities. Also, on December 8, 1961, and December 9, 1961, CORE sponsored a "clinic" in Baton Rouge, Louisiana, billed in their notices as "Direct Non-Violent Action Clinic". On the program for the clinic was such items as "workshops" in (1) sit-ins, (2) picketing, (3) freedom rides, (4) voter registration, (5) jail discipline, (6) discrimination of job opportunities, (7) hit and run demonstrations, (8) selective buying, and (9) reports of various groups involved in demonstrations.

On December 11 and 12, 1961, following this clinic, pickets were established in front of the several stores to whom the letters previously referred to had been directed. These pickets were members of the Negro race, and were apparently acting in accordance with instructions received from the leaders and...