Palmer v. Thompson

403 U.S. 217 (1971)

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Nature of the Case

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Facts

In 1962, the city of Jackson, Mississippi, was maintaining five public parks along with swimming pools, golf links, and other facilities for use by the public on a racially segregated basis. Four of the swimming pools were used by whites only, and one by Negroes only. Plaintiffs brought an action in the United States District Court seeking a declaratory judgment that this state-enforced segregation of the races was a violation of the Thirteenth and Fourteenth Amendments and asking an injunction to forbid such practices. The District Court entered a judgment declaring that enforced segregation denied equal protection of the laws, but it declined to issue an injunction. The Court of Appeals affirmed, and we denied certiorari. The city proceeded to desegregate its public parks, auditoriums, golf courses, and the city zoo. The city council decided close the pools. A number of Negro citizens of Jackson then filed this suit to force the city to reopen the pools and operate them on a desegregated basis. The District Court found that the closing was justified to preserve peace and order and because the pools could not be operated economically on an integrated basis. It held the city's action did not deny black citizens equal protection of the laws. The Court of Appeals affirmed, six out of 13 judges dissenting. That court rejected the contention that avoiding desegregation was a denial of equal protection of the laws. We granted certiorari to decide that question.