State V. Katz
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''State of Iowa v. Katz'' (241 Iowa 115, 40 N.W. 2d 41 (1949)) was a landmark
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
victory involving the Katz Drug Store in downtown
Des Moines, Iowa Des Moines is the List of capitals in the United States, capital and List of cities in Iowa, most populous city in the U.S. state of Iowa. It is the county seat of Polk County, Iowa, Polk County with parts extending into Warren County, Iowa, Wa ...
.


Case synopsis

On July 7, 1948, at 3:45 p.m., Edna Griffin, her infant daughter Phyllis, John Bibbs, and Leonard Hudson entered the Katz Drug Store in Des Moines, Iowa, and ordered
ice cream Ice cream is a frozen dessert typically made from milk or cream that has been flavoured with a sweetener, either sugar or an alternative, and a spice, such as Chocolate, cocoa or vanilla, or with fruit, such as strawberries or peaches. Food ...
at the
lunch counter A lunch counter or luncheonette is a small restaurant, similar to a diner, where the patron sits on a stool on one side of the counter and the server serves food from the opposite side of the counter, where the kitchen or food preparation area ...
. The manager refused to serve them, saying, "It is the policy of our store that we don't serve colored." Outraged members of the community responded with
sit-in A sit-in or sit-down is a form of direct action that involves one or more people occupying an area for a protest, often to promote political, social, or economic change. The protestors gather conspicuously in a space or building, refusing to mo ...
s and
picketing Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in (" crossing the pi ...
directed at Katz and other local lunch counters that refused to serve people because of race. The Polk County Attorney's Office prosecuted the Katz manager under Iowa's only civil rights law, a criminal
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
prohibiting
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
in public accommodations. The manager was found guilty by an all-white jury and fined $50. The Iowa Supreme Court upheld the conviction on December 13, 1949. On December 2, 1949, civil rights attorneys Charles P. Howard and Henry T. McKnight, who was head of the local
NAACP The National Association for the Advancement of Colored People (NAACP) is an American civil rights organization formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du&nbs ...
Legal Redress Committee, negotiated an agreement, which successfully ended Katz's discriminatory practices.


Iowa Civil Rights Act

In 1884, the
Iowa General Assembly The Iowa General Assembly is the legislative branch of the state government of Iowa. Like the federal United States Congress, the General Assembly is a bicameral body, composed of the upper house Iowa Senate and the lower Iowa House of Repre ...
enacted a law making it a crime to deny any individual "The full and equal enjoyment of the accommodations, advantages, facilities, and privileges of
inn Inns are generally establishments or buildings where travelers can seek lodging, and usually, food and drink. Inns are typically located in the country or along a highway. Before the advent of motorized transportation, they also provided accomm ...
s,
restaurant A restaurant is an establishment that prepares and serves food and drinks to customers. Meals are generally served and eaten on the premises, but many restaurants also offer take-out and Delivery (commerce), food delivery services. Restaurants ...
s, chophouses, eating houses, lunch counters, and all other places where refreshments are served,
public conveyance Public transport (also known as public transit, mass transit, or simply transit) are forms of transport available to the general public. It typically uses a fixed schedule, route and charges a fixed fare. There is no rigid definition of whic ...
s,
barber A barber is a person whose occupation is mainly to cut, dress, groom, style and shave hair or beards. A barber's place of work is known as a barbershop or the barber's. Barbershops have been noted places of social interaction and public discourse ...
shops, bathhouses,
theaters Theatre or theater is a collaborative form of performing art that uses live performers, usually actors to present experiences of a real or imagined event before a live audience in a specific place, often a Stage (theatre), stage. The performe ...
, and all other places of amusement," on the basis of such factors as race, religion, or ethnic background. Prior to 1884, only
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
,
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
, and
Kansas Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named a ...
had enacted statutes that guaranteed
African American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an Race and ethnicity in the United States, American racial and ethnic group that consists of Americans who have total or partial ancestry from an ...
s and other minority groups equal opportunity in "places of public accommodation." The Iowa state courts, however, tended to interpret narrowly the
legislative intent In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary to interpret the law (see judicial interpretation). The judiciary may attempt to assess legislative intent where legislation ...
of the 1884 Act. Because the public accommodations provision specifically enumerated types of facilities, the court construed that it necessarily meant to exclude from its operation those facilities not so listed. Many kinds of establishments catering to the public were therefore left untouched by this provision; these establishments retained an unfettered discretion to discriminate among their patrons on such bases as race, religion, or ethnic background. Among establishments that were exempt from the proscriptions of the 1884 Civil Rights Act, were retail stores, beauty shops and salons,
parking lot A parking lot or car park (British English), also known as a car lot, is a cleared area intended for parking vehicles. The term usually refers to an area dedicated only for parking, with a durable or semi-durable surface. In most jurisdi ...
s,
gas stations A filling station (also known as a gas station [] or petrol station []) is a facility that sells fuel and engine lubricants for motor vehicles. The most common fuels sold are gasoline (or petrol) and diesel fuel. Fuel dispensers are used to ...
,
school A school is the educational institution (and, in the case of in-person learning, the Educational architecture, building) designed to provide learning environments for the teaching of students, usually under the direction of teachers. Most co ...
s, health
clinic A clinic (or outpatient clinic or ambulatory care clinic) is a health facility that is primarily focused on the care of outpatients. Clinics can be privately operated or publicly managed and funded. They typically cover the primary care needs ...
s, doctors' and dentists' offices,
hospital A hospital is a healthcare institution providing patient treatment with specialized Medical Science, health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically ...
s,
bank A bank is a financial institution that accepts Deposit account, deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital m ...
s,
loan In finance, a loan is the tender of money by one party to another with an agreement to pay it back. The recipient, or borrower, incurs a debt and is usually required to pay interest for the use of the money. The document evidencing the deb ...
companies,
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
s' offices,
real estate broker Real estate agents and real estate brokers are people who represent sellers or buyers of real estate or real property. While a broker may work independently, an agent usually works under a licensed broker to represent clients. Brokers and age ...
s' offices,
employment agency An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly funded employment agency. Public employment agencies One ...
offices, as well as many others.


See also

*
Greensboro sit-ins The Greensboro sit-ins were a series of nonviolent protests in February to July 1960, primarily in the Woolworth store — now the International Civil Rights Center and Museum — in Greensboro, North Carolina, which led to the F. W. Woolwort ...
* International Civil Rights Center and Museum *
F. W. Woolworth Building (Lexington, Kentucky) The Woolworth, F.W., Building was a historic department store building located in Lexington, Kentucky, that served as a retail location for the F. W. Woolworth Company from 1946 to 1990. It was designed by Frederick W. Garber. The store was the ...
*
Nashville sit-ins The Nashville sit-ins, which lasted from February 13 to May 10, 1960, were part of a protest to end racial segregation at lunch counters in downtown Nashville, Tennessee, Nashville, Tennessee. The sit-in campaign, coordinated by the Nashville S ...


References


External links

* {{African American topics African-American history in Des Moines, Iowa Civil rights movement case law Anti-discrimination case law in the United States Race-related case law in the United States History of racism in Iowa Legal history of Iowa Lunch counters Iowa state case law 1949 in United States case law 1949 in Iowa Law articles needing an infobox United States racial desegregation case law