Sunday, March 25, 2012

Burton v. Wilmington Parking Authority case brief

Burton v. Wilmington Parking Authority (1961)

Facts: The Eagle Restaurant was located in building owned by a state-created parking authority. Denied service to a customer b/c of their race.
Building kept up by the government, government owned the land, citizens paid for upkeep.
Eagle only leased space. Restaurant patrons used to the facility’s parking. The leasehold was tax-exempt b/c on government land. Benefits to Eagle as business
benefit of public entity.

Holding:
Government licensing and regulation okay for state action. Court found “symbiotic relationship” b/w the government and the private restaurant b/c the gov’t leased parking spaces to the restaurant, who denied a man admittance b/c he was black. The gov’t kept up the building w/public funds.

-Can find state action where the government fails to act ====
could have made it clear that you can’t lease our space and discriminate

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