Williams v. Kansas City, Mo.

• Decision Date: 08 April 1952
• Docket Number: No. 7078.,7078.
• Citation: 104 F. Supp. 848
• Parties: WILLIAMS v. KANSAS CITY, MO., et al.
• Court: U.S. District Court — Western District of Missouri

104 F. Supp. 848

WILLIAMS v. KANSAS CITY, MO., et al.

No. 7078.

United States District Court W. D. Missouri, W. D.

April 8, 1952.

COPYRIGHT MATERIAL OMITTED

Carl R. Johnson, Almer T. Adair, Kansas City, Mo., Thurgood Marshall, Robert L. Carter, New York City, for plaintiffs.

David M. Proctor, City Counselor, Benj. M. Powers, John J. Cosgrove, Associate City Counselors, Kansas City, Mo., for defendants.

RIDGE, District Judge.

Plaintiffs, citizens of the United States, of the State of Missouri, and resident taxpayers of Kansas City, Missouri, invoke the jurisdiction of this court under Sections 1331, 1343(3), and 2201, T. 28, U.S.C.A., seeking redress, by way of declaratory judgment and injunction for claimed deprivation, under color of state law, of rights, privileges and immunities secured to them by the Fourteenth Amendment to the Constitution of the United States, and Sections 41 and 43, T. 8, U.S.C.A.

Defendant Kansas City, Missouri, is a municipal corporation having a special charter by virtue of the Constitution and laws of the State of Missouri. Defendant William E. Kemp is Mayor; defendants R. Carter Tucker, Vincent Hagerty, and Frank Theis constitute the Board of Park Commissioners; and defendant J. V. Lewis is Superintendent of Parks, of said City.

Under Section 55 of the Charter of Kansas City, Missouri (1925) the Board of Park Commissioners has superintending, control and management of all parks, boulevards, and playgrounds belonging to or under the control of the City, with power to improve, regulate, and maintain the same. "The Council (of said City has) power, and it (is) its duty upon recommendation of (said) board, to pass ordinances for the regulation and orderly government of parks * * * playgrounds, and to prescribe fines and penalties for the violation" thereof. Sec. 55, Charter of K.C., supra. In conjunction with the parks and playgrounds owned by the defendant City, the Board of Park Commissioners, supra, maintains and operates three outdoor major swimming pools, one located in Swope Park, built in 1942; one in Parade Park, built in 1939; and one in Grove Park, built about forty years ago. In addition thereto, four junior swimming pools are maintained in other parks of the City. Five of the seven swimming pools so maintained and operated by the City have been, by custom of the Board of Park Commissioners, devoted exclusively to use by persons of the Caucasian race. The major pool at the Parade Park and junior pool at Crews Park have been set aside exclusively for use by Negroes.

Swope Park, owned by Kansas City, Missouri, composed of 1,800 acres, is the main outdoor recreational area of that city. There are many concessions and facilities therein for enjoyment and use of the general public; to mention but a few, boating, bathing, golf, zoo, band pavilion, shelter houses, Starlight Theatre, and picnic facilities. All persons, without distinction or discrimination of any sort, are admitted to that park at any time. The facilities therein, when seasonably open, may be used and enjoyed by the public generally, regardless of race or color — except the swimming pool located therein.

The Swope Park swimming pool was completed in 1942 as a W.P.A. project. The total cost was $534,544.40, of which amount the City of Kansas City contributed $125,000 in cash and $50,102.83 in supervision and labor costs. Modern in every respect, it has been cited as a model for swimming pool construction. For better control of swimmers and as a safeguard against accident, three separate pools are maintained therein, designed for diving, swimming, and wading. The diving pool is 40 feet wide by 70 feet long, with a depth of 11 feet. Three diving boards located therein are standard A.A.U. equipment. An observation tunnel, running the full length of one side of the diving pool, has portholes through which spectators may observe divers in action. The swimming pool is 105 feet wide by 165 feet long, with a depth of 3½ to 5 feet. This pool is also built to meet A.A.U. specifications. The wading pool is 40 feet wide by 70 feet long, and ranges in depth from 1½ to 2½ feet. It is enclosed from the other pools by a fence to provide greater protection for small children using the same. The three pools have a capacity of 750,000 gallons of water. A modern filtration plant provides a complete change of water in the pools every eight hours. A one-story bathhouse 305 by 45 feet, constructed of native stone, provides accommodations for 3,024 bathers at one time. Separate dressing rooms are maintained for female and male bathers. The ladies' dressing room is provided with partitions with curtains, hair dryers, and powder room. The pool has an operating staff of 40 people. A first aid station is open at all hours. Night lighting of the pool, both above and below the water, adds to safety as well as general usefulness of the pool, and makes the pool an attractive night spot for bathers. A modern soft drink and concession stand is operated in connection with the pool, adding to the comfort and pleasure of bathers. An admission fee of 40 cents for persons over 12 years of age, and 20 cents for children under 12 years, is made by the City for entrance into the pool. The largest single day's attendance of record since this pool was opened was 6,550 paid admissions. 94,400 white persons paid admission to the pool during the year 1951. In addition thereto, certain "free" mornings each week are furnished to under-privileged white children.

On June 20, 1951, plaintiffs, Negroes, of full age, good character, and sound health, went to the Swope Park swimming pool, during the hours when said pool was open and being used and enjoyed by white persons, tendered their admission for tickets entitling them to enter said pool, and sought to gain admission to the pool to swim. They were denied admittance to such pool for swimming, by employees of the defendant City in charge of the operation thereof, solely on account of their race and color. At the time and after plaintiffs so presented themselves, tendered admission fees and were denied admittance to said pool, other white persons purchased tickets and were admitted to use, enjoy, and swim in the pool. Thus does the claim here made by plaintiffs arise — that defendants, acting by and through their duly authorized agents and servants, acting under color of state law, have discriminated against the plaintiffs, solely on account of their race and color in violation of the Constitution and laws of the United States, supra.

Responding to the claim so made by plaintiffs, defendants, admitting the facts above stated, contend that their refusal to admit plaintiffs to the use and enjoyment of said pool was not in anywise illegal or unlawful, or a denial to plaintiffs of any rights secured to them under the Fourteenth Amendment of the Constitution or laws of the United States, or that plaintiffs have been injured as a result of such action. In defense of their conduct and action, defendants the Board of Park Commissioners assert that use of the outdoor swimming pools maintained by the defendant Kansas City are, by custom and usage of the Board of Park Commissioners of said City, reserved for enjoyment and use by the general public as follows: The major swimming pools at Swope Park and the Grove, and junior pools at Lykins Square, Ashland Square, and Central Park, are reserved for use of members of the Caucasian race — the major pool at Parade Park and the junior pool at Crews Park are reserved for use and enjoyment of Negroes. Defendants assert that segregation of the races in the use of said facilities is not in violation of the Fourteenth Amendment to the Constitution of the United States, because the facilities so provided are substantially equal and attractive in surroundings, appointments, equipment, sanitation, maintenance, and service; that said Board, as agents of the defendant City, provides separate outdoor swimming pool facilities for the two races, not for the purpose of discriminating arbitrarily against the plaintiffs on account of their race or color, but because as an arm of the State it has the duty and responsibility under the police power to preserve peace and order in the community for the protection and welfare of both races and in the interest of public safety to prevent racial conflicts, riots, and violence.

To more pointedly shape the issue herein, we should here state that no evidence was introduced in this trial that the custom of segregation here considered is premised in the police power of the defendant City, or for the purpose of maintaining peace and good order in the community. Had proof thereof been attempted, we do not believe that it would have presented a legal defense to the constitutional claim here made by plaintiffs. "Thirty-four years ago, in passing on the constitutionality of a municipal ordinance requiring residential segregation, the Supreme Court indicated what the attitude of the courts should be towards the question of race violence" when proffered as an issue in an action such as the one at bar. Racial Violence and Civil Rights Law Enforcement, Vol. 18, No. 4, U. of Chi.L.Rev. In Buchanan v. Warley, 245 U.S. 60, 81, 38 S.Ct. 16, 20, 62 L.Ed. 149, Mr. Justice Day said:

"It is urged that this proposed segregation will promote the public peace by preventing race conflicts. Desirable as this is, and important as is the preservation of the public peace, this aim cannot be accomplished by laws or ordinances (or customs) which deny rights created or protected by the federal Constitution." (Parentheses added.)

See also Judge Hulen's opinion in Draper v. City of St. Louis, D.C., 92 F.Supp. 546.

Defendants further assert that their policy of operating separate swimming pools for the two races is reenforced by a recognized natural aversion to physical intimacy inherent in the use of swimming pools by members of races that do not mingle socially. This...