Katzenbach v. McClung
| Katzenbach v. McClung | |
|---|---|
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| Argued October 5, 1964 Decided December 14, 1964 |
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| Full case name | Nicholas Katzenbach, Acting Attorney General, et al. v. Ollie McClung, et al. |
| Citations | 379 U.S. 294 (more)
85 S. Ct. 377; 13 L. Ed. 2d 290; 1964 U.S. LEXIS 2188; 1 Empl. Prac. Dec. (CCH) P9713
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| Prior history | 233 F. Supp. 815 (N.D. Ala. 1964) |
| Holding | |
| Section 201(a), (b), and (c) of the Civil Rights Act of 1964 which forbids discrimination by restaurants offering to serve interstate travelers or serving food that has moved in interstate commerce is a constitutional exercise of the commerce power of Congress. United States District Court for the Northern District of Alabama reversed. | |
| Court membership | |
| Case opinions | |
| Majority | Clark, joined by Warren, Harlan, Brennan, Stewart, White |
| Concurrence | Douglas |
| Concurrence | Goldberg |
| Concurrence | Black |
| Laws applied | |
| Title II of the Civil Rights Act of 1964 | |
Katzenbach v. McClung, 379 U.S. 294 (1964), is a United States Supreme Court case in which the Court unanimously held that Congress acted within its power under the Commerce Clause of the United States Constitution in forbidding racial discrimination in restaurants as this was a burden to interstate commerce.
Ollie's Barbecue was a family-owned restaurant that operated in Birmingham, Alabama, that seated 220 customers. It was located on a state highway and was 11 blocks from an interstate highway. In a typical year, approximately half of the food it purchased from a local supplier originated out-of-state. It catered to local families and white collar workers and provided take-out service to African American customers.
Congress passed the Civil Rights Act of 1964 outlawing segregation in American schools and public places. One section of the act, Title II, was specifically intended to grant African-Americans full access to public facilities such as hotels, restaurants, and public recreation areas. On the same day, the Supreme Court heard challenges to Title II from a motel owner and from Ollie McClung. Both claimed that the federal government had no right to impose any regulations on small, private businesses. Both ultimately lost. Ollie McClung had won an initial round in the United States District Court for the Northern District of Alabama when he received an injunction preventing the Government from enforcing Title II against his restaurant. But then Attorney General Nicholas Katzenbach appealed this decision to the U.S. Supreme Court.
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