Opinion · Court of Appeals for the Fourth Circuit
Boyer v. Garrett
183 F.2d 582
- Type
- Opinion
- Court
- Court of Appeals for the Fourth Circuit
- Jurisdiction
- Federal
- Date
- 1950-07-17
- Topic
- general
PER CURIAM. This is an appeal in an action instituted under the Civil Rights Act, 8 U.S.C.A. §§ .43 and 47, against the Mayor and City Council of Baltimore and the members of the Board of Recreation and Parks of that city. Its purpose is to enjoin the enforcement of a rule officially adopted providing for the segregation of races in athletic activities in the public parks and playgrounds subj ect to the control of the Boárd and to recover damages alleged to have been sustained because of the enforcement of the rule. The parties entered into a stipulation that for the purposes of this case no contention was made that the facilities and services furnished the different races were not substantially equal. The contention of plaintiffs is that, notwithstanding this equality of treatment, the rule providing for segregation is violative of the provisions of the federal Constitution.
Citator
UpLaw has not yet analyzed Boyer v. Garrett. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 18 opinions
Allen A. Davis, Baltimore, Md. (Thomas N. Biddison and Hugo A. Ricciuti, Baltimore, Md., on brief) for appellees.
We need not consider arguments based on the 1st Amendment or the Charter of the United Nations. The 1st Amendment manifestly has no relation to athletic contests, and there is nothing in the Charter of the United Nations which, if applicable here, is of broader scope than the provisions of the 14th Amendment in forbidding racial discrimination.
Affirmed.Page 583Page 667