Katzenbach v. McClung

Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

379 U.S. 294

Oct. 5, 1964

Dec. 14, 1964

Legal Issues

Does the Commerce Clause grant Congress the authority to prohibit racial discrimination from restaurants that serve interstate travelers or serve food of which a substantial amount comes from interstate commerce?

Holding

Yes, Congress may prohibit racial discrimination from restaurants participating in interstate commerce under the authority granted to them by the Commerce Clause.

Ollie McClung, Sr., outside his restaurant | Credit: BhamWiki

Background

During the Civil Rights Movement, Congress enacted the Civil Rights Act of 1964. Title II of the Act aimed to prohibit racial discrimination in public accommodations, and the relevant part of Title IIreads as follows: 

All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination on the ground of race, color, religion, or national origin. 

Ollie’s Barbecue was a family-run restaurant in Birmingham, Alabama, located on a state highway and near an interstate, railroad, and bus stations. Ollie’s primarily served families and white-collar customers, while offering only take-out service for black customers. At the time of the case, two-thirds of the restaurant’s employees were black. In the 12 months before the Act’s passage, the restaurant bought about $150,000 worth of food locally, and $69,683 of that total was meat purchased from a local supplier who had sourced it from outside the State. Since opening in 1927, the restaurant refused to admit black customers to its dining room, and it operated in violation of the Act once it was enacted.

The U.S. District Court for the Northern District of Alabama initially issued an injunction preventing enforcement of the Act, finding that a significant portion of the food served at Ollie’s had been a part of interstate commerce, but that if the they were required to serve black customers, they’d suffer a substantial loss of business.

Unanimous decision for Katzenbach

Katzenbach

McClung

Black

Warren

Clark

Harlan II

Douglas

Goldberg

White

Brennan

Stewart

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