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Civil rights and race relations materials, 1957-1964

"Report To The Hawkeye State" by Senator Jack Miller Page 2

TITLE II - PUBLIC ACCOMMODATIONS -2-
The main idea here is to insure that interstate travellers will be able to obtain service (food, lodging, gasoline) and that all citizens will be served in certain specified businesses open to the general public - regardless of race, color, religion, or national origin. These include hotels, motels, restaurants, lunch counters, soda fountains, motion picture theaters, stadiums, gas stations, sports arenas, and "any establishment" which is physically located in one of the foregoing and holds itself out as serving the patrons thereof. (For example, a barber shop physically located in a hotel and holding itself out as servicing guests of the hotel.) Establishments providing lodging for transient guests located within a building containing not more than five rooms for rent are exempted if the proprietor lives in the building.
A civil action can be brought in the federal district court for preventative relief, including a permanent or temporary injunction, by a person who is aggrieved by the alleged denial of his rights. The court may allow the winning party (plaintiff or defendant) a reasonable attorney's fee - to be paid by the federal government.
BUT NO SUCH ACTION CAN BE BROUGHT BEFORE THIRTY DAYS AFTER WRITTEN NOTICE HAS BEEN GIVEN TO THE APPROPRIATE STATE OR LOCAL OFFICIAL WHERE THE ACT OF DISCRIMINATION COMPLAINED AGAINST IS PROHIBITED BY STATE OR LOCAL LAW (AS IS THE CASE IN IOWA), AND THE FEDERAL COURT CAN STAY ACTION PENDING THE TERMINATION OF STATE OR LOCAL ENFORCEMENT PROCEEDINGS.
Provision is made for a civil action to be brought by the Attorney General before a three-judge court (with appeal directly to the Supreme Court) where he has "reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title."
PRIVATE CLUBS AND OTHER ESTABLISHMENTS NOT OPEN TO THE PUBLIC ARE NOT COVERED BY THE CIVIL RIGHTS ACT EXCEPT TO THE EXTENT THAT THEIR FACILITIES ARE MADE AVAILABLE TO THE CUSTOMERS OR PATRONS OF BUSINESSES OPEN TO THE GENERAL PUBLIC REFERRED TO IN THE FIRST PARAGRAPH ABOVE.
TITLE III - DESEGREGATION OF PUBLIC FACILITIES
Whenever the Attorney General receives a written complaint from an individual to the effect that, on account of his race, color, religion, or national origin, he is being deprived of or threatened with the loss of equal utilization of any public facility owned, operated, or managed by or on behalf of any state or local governmental agency, and the Attorney General believes the complaint is meritorious and certifies to the court that the signer of the complaint is unable to initiate and maintain appropriate legal proceedings for relief, the Attorney General may bring a civil action for relief in the appropriate federal district court. Parks, recreational facilities, libraries, and municipal halls would be examples of "public facilities." Making a false complaint is subject to severe penalties.
TITLE IV - DESEGREGATION OF PUBLIC EDUCATION
Under present law students or parents have had to seek relief in the federal courts. Now, however, the Attorney General is authorized to institute a civil action in the appropriate federal district court for relief - when he receives a complaint in writing signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin. The Attorney General must believe that the complaint is meritorious and certify that the signer or signers of the complaint are unable to initiate and maintain appropriate legal proceedings for relief, and he must give notice of such complaint to the school board or college authority and certify that such board or authority has had a reasonable time to adjust the conditions alleged in the complaint. Making a false complaint is subject to severe penalties.
NO OFFICIAL OR COURT OF THE UNITED STATES MAY ISSUE ANY ORDER "SEEKING TO ACHIEVE A RACIAL BALANCE IN ANY SCHOOL BY REQUIRING THE TRANSPORTATION OF PUPILS OR STUDENTS FROM ONE SCHOOL TO ANOTHER OR ONE SCHOOL DISTRICT TO ANOTHER IN ORDER TO ACHIEVE SUCH RACIAL BALANCE."
TITLE V - COMMISSION ON CIVIL RIGHTS
This Commission has been in existence for several years. It is continued until January 31, 1968. Procedures before the Commission are clarified and improved upon with a view to preventing release of information which would be detrimental to any party, and severe penalties are provided for the unauthorized release of evidence or testimony taken in closed sessions of the Commission. The duties of the Commission are expanded to include investigations of vote fraud scandals, such as the one which occurred in Chicago in the 1960 presidential election. It is specifically provided that the Commission may

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TITLE II - PUBLIC ACCOMMODATIONS -2- The main idea here is to insure that interstate travellers will be able to obtain service (food, lodging, gasoline) and that all citizens will be served in certain specified businesses open to the general public - regardless of race, color, religion, or national origin. These include hotels, motels, restaurants, lunch counters, soda fountains, motion picture theaters, stadiums, gas stations, sports arenas, and "any establishment" which is physically located in one of the foregoing and holds itself out as serving the patrons thereof. (For example, a barber shop physically located in a hotel and holding itself out as servicing guests of the hotel.) Establishments providing lodging for transient guests located within a building containing not more than five rooms for rent are exempted if the proprietor lives in the building. A civil action can be brought in the federal district court for preventative relief, including a permanent or temporary injunction, by a person who is aggrieved by the alleged denial of his rights. The court may allow the winning party (plaintiff or defendant) a reasonable attorney's fee - to be paid by the federal government. BUT NO SUCH ACTION CAN BE BROUGHT BEFORE THIRTY DAYS AFTER WRITTEN NOTICE HAS BEEN GIVEN TO THE APPROPRIATE STATE OR LOCAL OFFICIAL WHERE THE ACT OF DISCRIMINATION COMPLAINED AGAINST IS PROHIBITED BY STATE OR LOCAL LAW (AS IS THE CASE IN IOWA), AND THE FEDERAL COURT CAN STAY ACTION PENDING THE TERMINATION OF STATE OR LOCAL ENFORCEMENT PROCEEDINGS. Provision is made for a civil action to be brought by the Attorney General before a three-judge court (with appeal directly to the Supreme Court) where he has "reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title." PRIVATE CLUBS AND OTHER ESTABLISHMENTS NOT OPEN TO THE PUBLIC ARE NOT COVERED BY THE CIVIL RIGHTS ACT EXCEPT TO THE EXTENT THAT THEIR FACILITIES ARE MADE AVAILABLE TO THE CUSTOMERS OR PATRONS OF BUSINESSES OPEN TO THE GENERAL PUBLIC REFERRED TO IN THE FIRST PARAGRAPH ABOVE. TITLE III - DESEGREGATION OF PUBLIC FACILITIES Whenever the Attorney General receives a written complaint from an individual to the effect that, on account of his race, color, religion, or national origin, he is being deprived of or threatened with the loss of equal utilization of any public facility owned, operated, or managed by or on behalf of any state or local governmental agency, and the Attorney General believes the complaint is meritorious and certifies to the court that the signer of the complaint is unable to initiate and maintain appropriate legal proceedings for relief, the Attorney General may bring a civil action for relief in the appropriate federal district court. Parks, recreational facilities, libraries, and municipal halls would be examples of "public facilities." Making a false complaint is subject to severe penalties. TITLE IV - DESEGREGATION OF PUBLIC EDUCATION Under present law students or parents have had to seek relief in the federal courts. Now, however, the Attorney General is authorized to institute a civil action in the appropriate federal district court for relief - when he receives a complaint in writing signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin. The Attorney General must believe that the complaint is meritorious and certify that the signer or signers of the complaint are unable to initiate and maintain appropriate legal proceedings for relief, and he must give notice of such complaint to the school board or college authority and certify that such board or authority has had a reasonable time to adjust the conditions alleged in the complaint. Making a false complaint is subject to severe penalties. NO OFFICIAL OR COURT OF THE UNITED STATES MAY ISSUE ANY ORDER "SEEKING TO ACHIEVE A RACIAL BALANCE IN ANY SCHOOL BY REQUIRING THE TRANSPORTATION OF PUPILS OR STUDENTS FROM ONE SCHOOL TO ANOTHER OR ONE SCHOOL DISTRICT TO ANOTHER IN ORDER TO ACHIEVE SUCH RACIAL BALANCE." TITLE V - COMMISSION ON CIVIL RIGHTS This Commission has been in existence for several years. It is continued until January 31, 1968. Procedures before the Commission are clarified and improved upon with a view to preventing release of information which would be detrimental to any party, and severe penalties are provided for the unauthorized release of evidence or testimony taken in closed sessions of the Commission. The duties of the Commission are expanded to include investigations of vote fraud scandals, such as the one which occurred in Chicago in the 1960 presidential election. It is specifically provided that the Commission may