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STATEMENT by IVAN ALLEN, JR. MAYOR OF ATLANTA, GA. BEFORE COMMITTEE ON COMMERCE REGARDING s. 1 732 BILL TO ELIMINATE DISCRIMINATION IN PUBLIC ACCOMMODATIONS AFFECTING INTERSTATE COMMERCE July 2 6, 19 63 �STATEMENT BY IVAN ALLEN, JR. MAYOR OF ATLANTA July 2 6, 19 63 Mr. Chairman and Members of the Senate Commerce Committee: I am honored to appear before your Committee. At the beginning I would like to make it clear that I feel qualified to speak on the subject under discussion which is the elimination of ra c ial discrimination, on what I have learned from personal experience and obs ervation in my home city of Atlq.nta, Georgia. As perceptive men of wide experience I feel confident that you will agree with me that this is as serious a basic problem in the North, East and West as it i s i n the South. It must be defined as an all-American problem, which requires an all-American s olution based on local thought, local action and local cooperation . The 500, 000 people who live within our city limits consist of 300, 000 white citizens and slightly more than 200, 000 Negro citizens. That makes the p opulation of Atlanta 60 percent white, 40 percent Negro. That 60 - 40 percentage emphasize s how essential it is for the people of Atlanta, on their local level, to solve the problem of racial discrimination in order to make Atlanta a better place in which to live. Elimination of racial descrimination is no far off philosophical theory to the more than one million people who live in and around Atlanta. The problem is part and parcel of our daily lives. Its solution must b e s tudie d and worked out on our homefront. As the mayor of the Southeast's largest city, I can say to you out of first hand experience and first hand knowledge that nowhere does the problem of eliminating discrimination between the races strike so closely home as it does to the local elected public official. He is the man who cannot pass the buck. From t his viewpoint, I s peak of the problem as h aving b een brought i nto sharp focus by deci sions of the Supreme Court of the �United States and then generally ignored by the Presidents and Congresses of the United States. Like a foundling baby, this awesome problem has been left on the doorsteps of local governments throughout the nation. Now to take up specifics. You gentlemen invited me to tell you how Atlanta has achieved a considerable measure of comparative success in dealing with racial discrimination. It is true that Atlanta has achieved success in eliminating discrimination in areas where some other cities have failed, but we do not boast of our success. Instead of boasting, we say with the humility of those who believe in reality that we have achieved our measure of success only because we looked facts in the face and accepted the Supreme Court's decisions as inevitable and as the law of our land. Having embraced realism in general, we then set out to solve specific problems by local cooperation between people of good will and good sense representing both races. In attacking the specific problems, we accepted the basic truth that the solutions which we sought to achieve in every instance granted to our Negro citizens rights which white American citizens and businesses previously had reserved to themselves as special privileges. These special privileges long had been propped up by a multitude of local ordinances and statewide laws which had upheld racial segregation in almost every conceivable form. In Atlanta we had plenty of the props of prejudice to contend with when we set out to solve our specific problems of discrimination. In attacking these problems, I want to emphasize that in not one single instance have we retained or enhanced the privileges of segregation. It has been a long, exhausting and often discouraging process and the end is far from being in sight. In the 1950's Atlanta made a significant start with a series of reasonable eliminations of discrimination such as on golf courses and public transportation. We began to become somewhat conditioned for more extensive and definitive action, which has been taking place in the 19 60 1 s. During the past two and a half years, Atlanta has taken the following major steps to eliminate racial discrimination: - 2- �In September, 1961, we began removing discrimination in public schools in response to a court order. 1. 2. In October, 1961, lunch counters in department and variety stores abolished ' discrimination by voluntary action. 3. On January 1, 1962 Atlanta city facilities were freed from discrimination by voluntary action of municipal officials. 4. In March, 1962 downtown and arts theatres, of their own volition, abolished discrimination in seating. 5. On January 1, 19 63, the city voluntarily abolished separate employment listings for whites and Negroes. 6. In March, 1963 the city employed Negro firemen. ago employed Negro policemen . It long 7. In May of 1963 the Atlanta Real Estate Board (white) and the Empire Real Estate Board (Negro) issued a Statement of Purposes, calling for ethical handling of real estate transactions in controversial areas. 8. In June, 19 63, the city government opened all municipal swimming pools on a desegregated basis. This was voluntary action to comply with a court order. 9. Also in June, 1963, 18 hotels and motels, representing the leading places of public accommodations in the city, voluntarily removed all segregation for conventions. 10. Again, in June, 1963 more than 30 of the city's leading restaurants, of their own volition, abolished segregation in their facilities. You can readily see that Atlanta's steps have been taken in some instances in compliance with court decisions, and in other instances the steps have been voluntary prior to any court action. In each instance the action has resulted in white citizens relin~ quishing special privileges which they had enjoyed under the practices of racial discrimination. Each action also has resulted in the Negro citizen being given rights which all others previously had enjoyed and which he has been denied . As I mentioned at the beginning, Atlanta has achieved on ly - 3- �a measure of succe ss. I think it would assist you in understanding this if I explained how l imited so far has b ee n this transition from the old segregated society of generations past, and also how limited so far has been t~e participation of the Negro citizens. Significant as is the voluntary elimination of discrimination in our leading restaurants, it affects so far only a small percentage of the hundreds of eating places in our city. And participation b y Negroes so far has been very slight. For example, one of Atlanta's topmost restaurants served only 16 out of Atlanta's 200 , 000 Negro citizens during the first week of freedom from discrimination. The plan for e liminating discrimination in hotels as yet takes care only of convention delegates. Although prominent Negroes have been accepted as guests in several Atlanta hotels, the Negro citizens, as a whole, seldom appear at Atlanta hotels. Underlying all -the em otions of the situation, is the matter of economics. It should be remembere d that the right to use a facility does not mean that it w ill be used o r m isused by any group, especially the groups in the lower economic status. The statements I have given you cover the actual progress made by Atlanta toward t otal elimination of discrimination. Now I wou l d lik e to submit my personal reasons why I think Atlanta has r e solve d some of these problems while in other cities, s olutions have seeme d impos s ible and strife and conflict have resulted. As an illustration, I would like to describe a recent visit of an official dele gation from a great Eastern city which has a Negro population of ov e r 600 , 000 consisting of in excess of 20% of its whole population. The m e m bers of t his de l egation at first simply did not understand and would hardly b e lieve that the business, civic and political interests of A tlanta had inte ntly c oncerned themselves with the Negro population. I still do not believe that they are convinced that a ll of ou r civic b o dies backe d b y the public interest and supp orte d b y the City Government have da ily c oncerned themselves with an effort to solve our gravest problem -- which is relations b e twee n our races. Gentlemen, Atlanta ha s not swept this - 4- �• question under the rug at any point. Step by step - sometimes under Court order - sometimes voluntarily moving ahead of pressures - sometimes adroitly - and many times clumsily - we have tried to find a solution to each specific problem through an agreement between the affected white ownership and the Negro leadership. To do this we have not appointed a huge general bi-racial committee which too often merely becomes a burial place for unsolved problems. By contrast, each time a specific problem has come into focus, we have appointed the people involved to work out the solution . . . Theatre owners to work with the top Negro leaders . . . or hotel owners to work with the top leadership . . . or certain restaurant owners who of their own volition dealt with top Negro leadership. By developing the lines of communication and respectability, we have been able to reach amicable solutions. Atlanta is the world's center of Negro higher education. There are six great Negro universities and colleges located inside our city limits. B e cause of this, a great number of intelligent, well-educated Negro citizens have chosen to remain in our city. As a result of their education, they have had the ability to develop a prosperous Negro business community. In Atlanta it consists of financial institutions like banks - building and loan associations life insurance companies - chain drug stores - r e al e state dealers. In .fact , they have deve loped busine ss organizations, I b e lieve, in almost every line of acknowledged American business. There are also many Negro professional men. Then there is another powerful factor working i n the behalf of g ood r a cial r e lations in our city. W e have news m e dia , both white a nd Negro, whose l eaders strongly b e liev e a nd put i nto pra ctice the great truth that responsibility of the press (and by this I mean radio and television as well as the written press) is inseparable from free dom of the press. T h e leadership of our writte n, s poken and t e l evi se d n e w s media join with the business a nd g overnment leadership, both whit e a nd Negr o, in wor king to solve our problems . We are fortunat e tha t we have one of the w o r ld famous e dito rial spokesmen f o r re a s on and m oderation on one of our white newspapers, a long with other e dit ors and many r e porters who stress significance r a the r tha n sensation in the reporting and interpretation of wha t happens. in our c ity. - 5- �And we are fortunate in having a strong Negro daily newspaper, The Atlanta Daily World, and a vigorous Negro weekly, The Atlanta Inquirer. The Atlanta -Daily World is owned by a prominent Negro family the Scott family - which owns and operates a number of other newspapers. The sturdy voices of the Atlanta Daily World and the Atlanta Inquirer, backed by the support of the educational, business and religious community, reach out to our Negro citizens. They speak to them with factual information upon which they can rely. They express opinions and interpretations in which they can have faith. As I see it, our Negro leadership in Atlanta is responsible and constructive. I am sure that our Negro leadership is as desirous of obtaining additional civic and economic and personal rights as is any American citizen. But by constructive I mean to define Atlanta 1 s Negro leadership as being realistic - as recognizing that it is more important to obtain t~e rights they seek than it is to stir up demonstrations. So it is to the constructive means by which these rights can be obtained that our Negro leaders constantly address themselves. They are interested in results instead of rhetoric. They reach for lasting goals instead of grabbing for momentary publicity. They are realists, not rabble rousers. Afong with integration they want integrity. I do not believe that any sincere American citizen desires to see the rights of private business restricted by the Federal Government unless such restriction is absolutely necessary for the welfare of the people of this country. On the other hand, following the line of thought of the decisions of the Federal Courts in the past 15 years, I am not convinced that current rulings of the Courts would grant to American business the privilege of discrimination by race in the selection of its customers. Here again we get into the area of what is right and what is best for the people of this country. If the privilege of selection based on race and color should be granted then would we be giving to business the right to set up a segregated economy? . . . And if so, how fast would this right be utilized by the Nation's people? . . . And how soon would we again be going through the old turmoil of riots, strife, demonstrations, boycotts, picketing? -6- �Are we going to say that it is all rig ht for the Negro citizen to go into the bank of Main stree t to deposit his earnings or borrow money, then to go the department store to buy what he needs, to go to the supermark~t to purchase food for his family, and so on along Main street until he comes to a restaurant or a hotel -- In all these other business places he is treated just like any other customer - But when he comes to the restaurant or the hotel, are we going to say that it is right and legal for the operators of these businesses, merely as a matter of convenience, to insist that the Negro's citizenship be changed and that, as a second class citizen, he is to be refused service? I submit that it is not right to allow an American's citizenship to be changed merely as a matter of convenience. If the Congress should fail to clarify the issue at the present time, then by inference it would be saying that you could begin discrimination under the guise of private business. I do not believe that this is what the Supreme Court has intended with its decisions. I do not believe that this is the intent of Congress or the people of this country. I a.p:i not a lawyer, Senators . I am not sure I clearly understand all of the t estimony involving various amendments to the Constitution and the Commerce clause which has been given to this Committee. I have a fundamental res pect for the Constitution of the United State s. Unde r this Constitution we have always been able to do what is b est for all of the people of this country. I b eg of you not to l e t this issue of discrimination.drown in legalistic waters. I am firm ly convinced that the Supreme Court insists that the same funda m e ntal rights mus t b e held by every Ameri ca n citizen. Atlanta is a case that proves that the problem of disc r iminat ion can be solved to some extent . . . and I use this "some extent" cautiously . . . as we certainly have not solve d all of the problems; but we have m e t them in a number of are a s . This can be done locally , voluntarily, and by priva t e busine ss itse lf! On the other hand, the r e a re hu nd re ds of communities and cities, certainly throughout the nation that have not ever addres s ed themselves to the issue . Where as, others have flagrantly ignore d the de mand, a nd today , stand in a ll defiance to any c hange. The Cong r es s of the Unite d St ates is now c onfronte d with a grave decision. Shall y ou pas s a public accommodation bill that - 7- �forces this issue? Or, shall y ou create another round of disputes over segregation by refusing to pass such legislation? Surely, the Congress realizes that after having failed to take any definite action on this subject in the last ten years, to fail to pass this bill would amount to an endorsement of private business setting up an entirely new status of discrimination throughout the nation. Cities like Atlanta might slip backwards. Hotels and restaurants that have already taken this issue upon themselve s and opened their doors might find it convenient to go back to the old status. Failure by Congress to take definite action at this time is by inference an endorsement of the right of private business to practice racial discrimination and, in my opinion, would start the same old round of squabbles and demonstrations that we have had in the past. Gentlemen, if I had your problem armed with the local experience I have had, I would pass a public accommodation bill. Such a bill, however, should provide an opportunity for each local government first to meet this problem and attempt to solve it on a local, voluntary basis, with each business making its own decision. I realize that it is quite easy to ask you to give an opportunity to each businessman in each city to make his decision and to accomplish such an objective . . . but it is extremely difficult to l egislate such a problem. What I am trying to say is that the pupil placement plan, which has been widely used in the South, provided a time table approved by the Federal courts which helped in getting over troubled water of elimination of discrimination in public schools. It s eems to me that cities working with private business institutions could now move into the same area and that the federal government legislation should be based on the idea that those businesses have a reasonab l e time to accomplish such an act. I think a public accommodation law now should stand only as the last resort to assure that discrimination is eliminated, but that such a law would grant a reasonable time for cities and busine sses to carry out this function b efore federal intervention. It might even be necessary that the time factor be made more lenient in favor of smaller c ities and communities, for we all know that large metropolitan areas have the capability of adjusting to changes more rapidly than smaller communities. - 8- �Perhaps this, too, should be given consideration in your legislation. But the point I want to emphasize again is that now is the time for legislative action. We cannot dodge the issue. We cannot look bac}{ over our shoulders or turn the clock back to the 1860 1s. We must take action now to assure a greater future for our citizens and our country. A hundred years ago the abolishment of slavery won the United States the acclaim of the whole world when it made every American free in theory. Now the elimination of segregation, which is slavery's stepchild, is a challenge to all of us to make every American free in fact as well as in theory - and again to establi~h our nation as the true champion of the free world. Mr. Chairman and members of the Committee, I want to thank you for the opportunity of telling you about Atlanta's efforts to provide equality of citizenship to all within its borders. - 9- �