Walker v. Shaw, Civ. A. No. 2983.

• Decision Date: 17 October 1962
• Docket Number: Civ. A. No. 2983.
• Citation: 209 F. Supp. 569
• Parties: Classie Rae WALKER, a minor, by Mrs. Lauretha Walker, her Mother and next friend, James Allen Carter, a Minor, by Mrs. Juanita Carter, his Mother and next friend, Mary Elizabeth Norris, a Minor, by Marshall Leamon, her Step-Father and next friend, Alfred Odell Leamon, a Minor by Mrs. Ozella Leamon, his Mother and next friend, Horace Nash, a Minor, by Mrs. Bethel Nash, his Mother and next friend, Wilbert Harrison Walker, a Minor, by Mrs. Annie Mae Walker, his Mother and next friend, Jimmie Norris Moore, a Minor, by Mrs. Mable Moore his Mother and next friend; for themselves and all other persons similarly situated, Plaintiffs, v. Gerald W. SHAW, The City Manager of the City of Greenville, The City of Greenville, a Municipal Corporation, Carl M. Hurst, Director of the Parks and Recreation Department of the City of Greenville, Percy P. Oakes, as Chief of the Police Department, and L. M. Hammond, as Chief of the Detective Division of the Police Department of the City of Greenville, Defendants.
• Court: U.S. District Court — District of South Carolina

209 F. Supp. 569

Classie Rae WALKER, a minor, by Mrs. Lauretha Walker, her Mother and next friend, James Allen Carter, a Minor, by Mrs. Juanita Carter, his Mother and next friend, Mary Elizabeth Norris, a Minor, by Marshall Leamon, her Step-Father and next friend, Alfred Odell Leamon, a Minor by Mrs. Ozella Leamon, his Mother and next friend, Horace Nash, a Minor, by Mrs. Bethel Nash, his Mother and next friend, Wilbert Harrison Walker, a Minor, by Mrs. Annie Mae Walker, his Mother and next friend, Jimmie Norris Moore, a Minor, by Mrs. Mable Moore his Mother and next friend; for themselves and all other persons similarly situated, Plaintiffs, v. Gerald W. SHAW, The City Manager of the City of Greenville, The City of Greenville, a Municipal Corporation, Carl M. Hurst, Director of the Parks and Recreation Department of the City of Greenville, Percy P. Oakes, as Chief of the Police Department, and L. M. Hammond, as Chief of the Detective Division of the Police Department of the City of Greenville, Defendants.

Civ. A. No. 2983.

United States District Court W. D. South Carolina, Greenville Division.

October 17, 1962.

Donald James Sampson, Greenville, S. C., Matthew Perry, Lincoln C. Jenkins, Jr., Columbia, S. C., Jack Greenberg, Michael Meltsner, New York City, for plaintiffs.

W. H. Arnold, Greenville, S. C., for defendants.

CHARLES CECIL WYCHE, Chief Judge.

The above case first came before me upon motion of the plaintiffs for a preliminary injunction, at the hearing of which it appeared that the City of Greenville operated a skating rink for the Whites and one for the Negroes, and that the plaintiffs, Negro citizens of Greenville, South Carolina, had been denied the use of the skating rink operated by the City of Greenville for White persons.

The answer of the defendants admits that the City maintains the park known as Cleveland Park and located in said park is a skating rink, and alleges that on or about February 18, 1961, the plaintiffs in an effort to stir up strife and trouble and not truly seeking recreation, presented themselves at the skating rink and after being requested to leave the park "as they did not have proper permission", refused to do so and were arrested.

The evidence in the case involves the one incident of denial of the plaintiffs' use of the skating rink operated by the City of Greenville for members of the White race. There was no evidence that the plaintiffs, or any other Negro, was denied or ever had been denied, the use of any other park facility operated by the City of Greenville. However, the evidence shows that the skating rink involved in this controversy was operated by the City of Greenville for the exclusive use of White citizens at the time of the filing of this action, and at the hearing of the motion for preliminary injunction and until the skating rinks were closed and abandoned as hereinafter stated.

I took the motion for preliminary injunction under advisement and requested counsel for the parties to submit written briefs. In due time the attorneys for the parties submitted written briefs and while I had the motion under...