United States v. Medical Society of South Carolina
| Decision Date | 10 March 1969 |
| Docket Number | Civ. A. No. 68-671. |
| Citation | 298 F. Supp. 145 |
| Court | U.S. District Court — District of South Carolina |
| Parties | UNITED STATES of America, Plaintiff, v. MEDICAL SOCIETY OF SOUTH CAROLINA, a corporation, Board of Commissioners of Roper Hospital, Edward F. Parker, individually and as Chairman of The Board of Commissioners of Roper Hospital, C. A. Robb, individually and as Administrator of Roper Hospital, Defendants. |
Stephen J. Pollak, Asst. Atty. Gen., Maceo W. Hubbard, Atty., Dept. of Justice, Washington, D. C., Klyde Robinson, U. S. Atty., and Thomas P. Simpson, Asst. U. S. Atty., Charleston, S. C., for the Government.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
This action was instituted on June 29, 1968, by the Attorney General on behalf of the United States, pursuant to Titles II and VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000a, 2000e, to restrain the defendants from operating Roper Hospital in Charleston, South Carolina, on a racially segregated basis and from discriminating against Negro employees and applicants for employment on the basis of their race or color.
The defendants have answered by way of general denials. The parties have filed with the Court a Stipulation, which reflects that there is no dispute between the parties as to the material facts except as indicated in said Stipulation.
The Court, after carefully considering the record, hereby enters its Findings of Fact, Conclusions of Law, and Order.
1. The defendant Medical Society of South Carolina (hereinafter the Society) is a corporation organized and existing under the laws of the State of South Carolina. The Society owns and operates a hospital known as Roper Hospital, which is located at 316 Calhoun Street, Charleston, South Carolina, in a complex of hospitals and other medical buildings in that part of the city.
2. The defendant Board of Commissioners of Roper Hospital (hereinafter referred to as the Board) is the governing body of the hospital, and manages the hospital on behalf of the Society. The defendant Edward F. Parker is the Chairman of the Board. The defendant C. A. Robb is the Administrator of the hospital and responsible for its daily operation.
3. By the will of Thomas Roper, admitted to probate May 25, 1829, certain funds were bequeathed to the Society "for the purpose of erecting and maintaining a hospital for the reception and treatment of such sick, maimed and diseased paupers as need medical aid, without regard to religion, complexion, or national origin."1 Pursuant to the will, and after complex litigation,2 the original Roper Hospital, located on Queen Street in Charleston, was completed in 1856 and became the first community hospital in South Carolina. Until 1959, the old Roper Hospital was the primary facility used for the care of Negro patients in Charleston County, South Carolina.
4. In 1946, the new Roper Hospital was opened at its present location, and the old Roper Hospital was closed in 1957. Presently, Roper is a general hospital with a bed capacity of 322. The services of the hospital are set up in departments, including medical service, surgical, anesthesia, pediatrics, obstetrics, operating room, X-ray, physical therapy, laboratory, pharmacy, electroencephalograph, electrocardiograph, recovery room, intensive care, private out-patient department, dietary, administrative, laundry, maintenance, housekeeping, School of X-Ray Technology, and the School of Practical Nursing, medical records department and business administration department.
5. On the premises of Roper Hospital, immediately adjoining the lobby on the ground floor, there is located a snack bar. There are a number of small tables and a counter on the premises of the snack bar and food is sold there for consumption at these tables and the counter. The snack bar served sandwiches, hamburgers, hot dogs, soft drinks and other beverages, and similar items, all in a form suitable for consumption on the premises.
6. Also on the premises of Roper Hospital, immediately to the rear of the lobby on the ground floor, there is located a cafeteria. The cafeteria has one dining room consisting of two adjoining dining areas, one with 14 tables and the other with 21 tables, and patrons eat their food at these tables. The cafeteria serves full meals including steak, chicken, pork chops, roast beef, seafood, numerous vegetables, breads, salads and desserts. All of the food served in this cafeteria is sold in a form suitable for consumption on the premises.
7. Both the snack bar and the cafeteria are operated for the convenience of employees and visitors of patients at the hospital3 including persons from outside the State of South Carolina, such as out-of-state visitors to patients. No inquiry is made of patrons as to their state of origin, or as to whether they are interstate travelers. No attempt is made to purchase only food originating in South Carolina, and a substantial portion of the food and other products sold at the snack bar and at the cafeteria has moved in interstate commerce from other states to South Carolina.
8. The snack bar and cafeteria are held out as serving the same persons as are served by the hospital as a whole. There are signs posted in various parts of the hospital indicating the location of each of these facilities. In the booklet entitled "At Roper Hospital," which is made available to patients upon arrival as well as to visitors and other persons, the eating facilities are described as follows:
9. Following closing of "Old" Roper Hospital, Negro patients in Charleston have been cared for at Medical College Hospital, St. Francis Xavier Hospital, and Negro-operated McClennan-Banks Hospital. More than 10,000 patients are admitted to bed care at Roper Hospital in an average year; but, with very few exceptions, there have been no Negro inpatients at Roper Hospital.
10. In 1965, following the enactment of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., prohibiting federal financial assistance to recipients, including hospitals, which fail to comply with federal desegregation requirements, the doctor who was then Chief of Roper's medical staff brought before the Society a motion to sign a compliance agreement pursuant to the Civil Rights Act of 1964 and the Guidelines duly promulgated pursuant thereto. The motion was defeated on the stated ground that the members felt that federal aid would ultimately lead to federal interference with Roper Hospital policy. Roper Hospital also discontinued its participation in all federal programs. The plaintiff contends, but the defendants deny, that the Hospital's refusal to sign a compliance agreement and to continue participation in federal programs, were predicated, in whole or in part, on the Hospital's racial policies. The defendants contend that Roper Hospital's failure to renew contracts for federal programs was due to the federal government's refusal to make financial arrangements satisfactory to Roper Hospital. In view of the other Findings herein, no specific Finding on this issue is necessary.
11. In March, 1965, in an article concerning Roper Hospital the Charleston News and Courier stated that Roper was:
The source of the information was not identified in these articles.
12. Roper Hospital has been and is regarded in the Charleston community, and particularly among Negroes, as a white-only hospital, at least with respect to the admission of inpatients. Accordingly, Negro doctors in Charleston have made no attempt to secure admission of their patients to Roper Hospital, and few if any Negroes have sought treatment at the Hospital on an in-patient basis. Since the effective date of the Civil Rights Act of 1964, the defendants have taken no steps to correct this image.
13. Some Negroes have received treatment in the Physio-therapy Department and have been X-rayed in the X-ray Department, all on an out-patient basis. In connection with the treatment of Negroes on an out-patient basis, there are two waiting rooms in close proximity to one another in the vicinity of the entrance used by out-patients. The larger and more elaborately equipped of these waiting rooms is in practice used by white persons, whereas the smaller is in practice used by Negroes.
14. Roper Hospital employs approximately 523 persons, of whom approximately 232 are Negroes and approximately 291 are whites. It is an employer within the meaning of 42 U.S.C. § 2000e (b).
15. There are approximately 175 doctors on the medical staff of Roper Hospital, all of whom are white. There are at least six Negro doctors in practice in the City of Charleston. All registered nurses, and all supervisory, professional and clerical personnel employed by Roper Hospital are also white, except for one Negro registered nurse who serves in pediatrics. The Hospital also employs one Negro carpenter, one Negro carpenter's helper, and one Negro boiler room mechanic. Except as indicated above,...
To continue reading
Request your trial
-
Cornelius v. Benevolent Protective Order of Elks
...v. Local 212, Int'l Bhd. Electrical Workers, 292 F.Supp. 413 (S.D.Ohio 1968) (membership in labor unions); United States v. Medical Society, 298 F.Supp. 145 (D.S.C.1969) (health services with private hospital). These courts have not struggled with the meaning of "contract" for the purposes ......
-
Peltier v. City of Fargo
...purpose of Congress to eliminate the inconvenience, unfairness and humiliation of racial discrimination. United States v. Medical Society of South Carolina, 298 F.Supp. 145 (D.S.C.1969)." Parham v. Southwestern Bell Telephone Co., 433 F.2d at The burden of proof now rests with the defendant......
-
United States v. Jacksonville Terminal Company
...and classes of employment. Here, too, the Terminal can easily assure integrated facilities. See United States v. Medical Society of South Carolina, D.S.C. 1969, 298 F.Supp. 145, 156. In light of our conclusions, it becomes clear that remedial action is essential to effectuate the aims of Ti......
-
Pennsylvania Human Relations Commission v. Chester Housing Authority
...see United States v. Texas Educ. Agency, 467 F.2d 848, 864--865 n. 25 (5th Cir. 1972) (en banc).In United States v. Medical Society, 298 F.Supp. 145 (D.S.C.1969), the United States Attorney General sought to restrain a hospital from operating on a racially discriminatory basis. There was no......