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[COMMITTEE PRINT] J U NE 20, H)63 PRINTED FOR THE USE OF THE COMMITTEE ON COMMERCE 88TH CONGRESS 1 ST SESSION 5. /7J V IN ':l1HE SENATE OF THE UNITED s rrArrES J U NE , 1!)63 Mi:. __ _____ ___ introduced the following bill ; which w ns read t wice ::tnd r eferred to the Committee on Commerce A B LL To eliminate clisrrimination in pub1ic acconnnoclation~ affecting interstate commerce. I Be it enacted by the S enate and H~ ouse of R epresenta- 2 tives of the United S tates of A11ie1·ica in Congr·ess assembled, 3 That this Act may be cited as the "Interstate P ublic A ccom- 4 moclations Act of 1963." 5 FIN DINGS 6 SEO. 2. (a ) The American people ha.Ye become increa. - 7 ingly mobile during the last generation, and millions of 8 American citizens travel each year from State to State by 9 rail, air, bus, automobile, and other mean. . A substan6al 10 number of such travelers are members of minority racial J.20-104-1 �2 1 and religious groups. These citizens, particularly Negroes, 2 are subjected in many places to discrimination and segrega- 3 tion, and they are frequently unable to obtain the goods and 4 services available to other interstate travelers. 5 (b) Negroes and members of other minority groups who 6 travel interstate are frequently unable to obtain adequate 7 lodging .a ccommodations during their travels, with the result 8 that they may be compelled to stay at hotels or motels of 9 poor and inferior quality, travel great distances from their 10 normal routes to find adequate accommodations, or make 11 detruled arrangements for lodging far in .advance of sr,heduled 12 interstate travel. 13 ( c) Negroes and members of other minority groups 14 who travel interstate are frequently unable to obtain adequate 15 foo d service at convenient places along their routes, with 16 the result that many are dissuaded from traveling interstate, 17 while others must travel considerable distances from their 18 intended routes in order to obtain adequate fo od erv1ce. 19 (cl) Goods, services, and persons in the amusement and 20 entertainment industries commonly move in interstate com- 21 merce, and the entire American people benefit from the in- 22 creased cultural a:nd recreationa.I opportunities afforded 23 thereby. 24 tion artificially restrict the number of persons to whom the 25 interstate amnsement and entertainment industries may offer Practices of audience discrimination and segrega- �3 1 their goods and services. 2 state commerce by such practices and the obstructions to the 3 free flo w of commerce which result therefrom are serious 4 and substantial. The burdens imposed on inter- 5 ( e ) R etail establi.·hments in all States of the Union 6 purchase a wide vaii ety and a large volume of goods from 7 business concerns located in other States and in foreign 8 nations. Discriminatory practices in such C'sta blishmen ts, 9 which in some instances have led to the vvithholding of lO patronage by those affected by such practices, inhibi t and re- 11 strict the normal di stiibution of goods in the interstate 12 market. 13 (f ) Fraterna l, religious, scientific, and other or D'a m za- 14 tions engaged in interstnte operations are frequently di ssuaded 15 from holding conventions in cities whi ch they would other- 16 wise select because the public facilities in such cities are 17 eitber not open to all members of racial or reli gious minority 18 gronps or are ava il al>lc only on a segregated basis. 19 (g ) Business organization s arc frc<]_nen tl y haxn percd in 20 obtaining the services of skilled workers and persons iu tho 21 professions who are li kely to encounter discrirninat io11 lx1sed 22 on race, creed, color, or national origin in restaurants, retui l 23 stores, and places of amnsernent in the urea ,vhoro tl1rir 24 services are needed. 25 avoid subjecting their employees to such di.-crimina.tion and Bnsiness organ ization s which seek to \ �4 1 t o avoid th e strife resulting· th erefrom a.re r estricted in the 2 choi ce of location for their offices and plants. Such di s- 3 crimination thus reduces th e m obility of th e national labor 4 force and prevents the m ost effective allocation of na.ti011al 5 r esources, inc1nding th e interstate movemell t of imlustrics, 6 pa.rticularly 7 of industrial and commercial expan sion and development. u1some of th e a.rea s of th e Nation most in need 8 (h) rrhe discriminatory practices describ ed ab ove are 9 in a.ll cases encourag ed, fo stered, or tolerated in some degree 10 by th e gove111mental auth orities of the Sta te in which they 11 occur, which li cense or protect th e businesses iff, olYed hy 12 means of Jaws an d ordinan ces and th e a,d ivities of their 13 executive an d judicial officers. Snch cli:,crim inMory pra,c- 14 tices, par ticula rly when their cumulative effect throughout 15 the Nation is considered, tak e on th e cha.ra.cter of action by 16 the States and th erefore fal l within the ambit of the equcd 17 protection clause of the fo urteenth am endment to the Cou- 18 stitution of tbe U nited State. . 19 (i) rrhe burdens on aml oh:--tructi011s to commerce whi('h 20 a.re described abo, e can best be remoYecl by invoking the 21 power,· of Cong re. · ' under the fom-teentb amendment and the 22 commerce c]ause of the Constitution of tb e Un ited States to 23 prohibit discrimination based on race, color, religion . or 24 rnitional ori gin in certain pnb]ic establishments. �D 1 RIGHT TO NONDTSCRIMINATION IN PLACES OF PUBLIC 2 ACOOMlVIODATION 3 SEC. 3. (a) All persons shall be entitled, without dis- 4 crimination or segregation on account of ra ce, color, religion, 5 or national 01igin, to the full and equal enjoyment of the 6 goods, services, facilities, privileges,· advantages, and accom- 7 modations of the following public establishments: 8 ( 1) any hotel, motel, or other public place engaged 9 in furnishing lodging to transient guests, including guests 10 from other States or traveling in interstate commerc~; 11 ( 2 ) any motion picture house, theater, sports a.rena, 12 stadium, exhibition hall, or other public place of amuse-· 13 ment or entertainment which customarily presents m6- 14 tion pictures, performing groups, athletic teams, exhibi- 15 tions, or other sources of entertainment which move in 16 interstate commerce; and 17 ( 3 ) any retaa shop, department store, market, 18 drugstore, gasoline sta tion, or other public place which 19 keeps goods· for sale, any restaurant, lunchroom, lunch· 20 counter, soda fountain, or other public place engaged in 21 selling food for consumption on the premises, and any 22 other establishment ·where goods, services, facilities 1 J.. 20- 104- 2 �G 1 privileges, advan.ta,ges, or accommodations aTe held oU:t 2 to the public for sale, use, rent, or hire, if- 3- (i) the goods, services, facilities, privileges, 4 advantages, or accommodations offered by any such 5 pla.ce or establishment are provid.ed to a ·substantial 6 degree to interstate travelers, 7 (ii)' a substantial portion of any goods held out 8 to the public by any such place or ;establishment 9 for sale, use, rent, or hire ha.s moved in intersta.te 10 commerce, 11 (iii) the activities or operations of such place 12 or establishment otherwise substantiall5 · affect iJ.1- 1_3 terstate travel or the _interstate n~ovenwnt of goods · 14 ·· in commerce, or 15 (iv) such place or establishment is an integral 16 part of an establishment inoludecl under this subJ 17 section. 18 For tlie purpose of this su.b.-ection, the term "integral part" 19 means physically located 011 the premis.es occupied by an 20 establishment, or located contiguous to such premises and 21 owned, operated, or controlled, directly or indirectly, by 22 or for the benefit of, or leased from the persons or business 23 entities which own, operate or control a11 esta,blishm nt. 24 (b) The provisions of this Act shall not apply to a 25 bona fide private cluh or other establisbn1ent not open to �7 1 the public, except to the extent that the facilities of such 2 · establishment are made available to the customers 01; pafrons 3 of an establishment v,~thin the sc-·ope of subsection (a). 4 PROHIBITION AGAINS'r DE NI AL OF OR I NTERFERENCE vVITH 5 THE RIGHT TO NOND'ISORIMIN ATION 6 Srio. 4. No person, wheth er acting nncler color of la.w 7 or ·oth er wise. shall (n) wit.l1hol<l , deny: or attempt to with- s hold or deny, or deprive or attempt to deprive, any person 9 of a.ny right or privilege secured by section 3) or (b) inter- 10 fere or attempt to interfere Virith ai1y right or privilege l l · secured by section 3, or ( c ) intimidate, threaten, or coerce 12 · any per.·01i witlY a purpose of inteif ei·ing ,v1th any right or 13 · privilege seCLtrecl by section 3, or ( d) puni sh or at.tempt to 14 puni .·h any person--for exei'cising or attempting to exerci se 15 any right or privil ege secured by secti on 3, or ( e) incite or 16 aid or abet any person to do any of the foregoing. 17 18 OJ.VIL A CTIOr FOR PREVENTIVE RELJEF SEO. 5. ( a.) vVhenever any person ha s engaged or 19 there a.re reasonable gTotu1ds to beli eve that any person is 20 abon t to engage in any act or practice prohibited by section 21 4 , a civil action for preventive relief, including an a.pplication 22 for a permanent or temporary injunction , restraining order , 23 or other order, may be instituted 24 aggrieved, or ( 2 ) by the A ttorney General for or in the 25 name of the United States ( 1 ) by the person i.f' he certifies that he has received �8 1 a, written complaint from the person aggrieYed and that in 2 his judgment (i) the person aggTieved is unable 'to initiate 3 and maintain appropriate legal proceedings and (ii) the 4 purposes of this Act ·will be materially furthered by the 5 filing of a.n action. 6 (b) In any action commenced pursuant to this Act by 7 the person aggrieved, he shall if he prevails, be allowed a, 8 reasonable attorney's fee as part of the costs. 9 ( c) A person shall be deemed unable to initiate and 10 inaintain appropriate legal proceedings within the meaning of 11 subsection (a ) of this section when such person is unable, 12 either clirectly or through other interested persons or organi- 13 zations, to bear the expense of the litigation or to obtain 14 effective legal representation ; or when there is reason to be- 15 lieve that the institution of such litigntion by him would 16 jeopardize the employment or economic standing of, or might 17 result in injury or economic damage to, such person, his 18 family, or his property. 19 (cl) In case of any complaint received by the Attorney 20 General alleging a violation of section 4 in any jurisdiction 21 where State or local laws or regulations appear to him to 22 forbid the act or practice involved, the Attorney General 23 shall notify the appropriate State and local o·fficials and, 24 upon request, afford them a reasonable time to act under 25 such State or local laws or regulations before he institutes an �9 1 action. 2 be required if the Att01ney General shall file with the court 3 a certificate that the delay consequent upon such compliance 4 in the particular case would adversely affect the interests of 5 the U nited States, or that, in the particular case, compliance 6 ,vould be f1uitless. 7 Oompfomce with the foregoing sentence shall nou ( e ) In any case of

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complaint received by the Attor- 8 ney General, inclucfu1g a case within the scope of subsection 9 (cl) , the A ttorney General shall, before instituting an action, 10 utilize the services of any Federal agency or instrumentality 11 which may be available to attempt to secure compliance with 12 . ection 4 by voluntary procedures, if in his judgment such 13 procednres are likely to be effective in the circumstances. 1-± .JU RISDICTION 15 SEC. 6. (a ) The di strict courts of the UnitBcl States J6 shall have jurisdiction of proceedings in. titutecl pursuant to 17 this .Act and sha ll exercise the same without regard to 18 whether the aggrieved party shall have exhausted any ad- 19 ministn1tive or other remedies that may be provided by la,v. 20 (h ) Thi s Act shall not preclude any individual or any 21 State or local a,gency from pursuing any remedy that may 22 be :wailahle uuder any ]fe deral or State law, including any 23 State statute or ordinance requi ring nondiscrimination m 24 public establishments or accommodations. �