Public Accommodations and the Civil Rights Act of 1964: A Surprising Success?

25 Pages Posted: 1 Oct 2015

See all articles by Brian K. Landsberg

Brian K. Landsberg

University of the Pacific - McGeorge School of Law

Date Written: September 29, 2015

Abstract

When the Civil Rights Act of 1964 became law the Johnson Administration had ample reason to worry that Title II of the Act, forbidding racial discrimination in public accommodations, would meet widespread, even violent resistance in the Deep South. The Supreme Court upheld Title II’s constitutionality, based on the Commerce Clause of the Constitution. Despite pockets of resistance, within a few years of the passage of the Act, racial discrimination in public accommodations had become the exception, not the rule. While some problems remain, Title II has, on the whole, been remarkably successful. The melting of resistance to Title II can be contrasted with the persistent resistance to school desegregation, fair housing, fair employment, and equal voting rights. This paper examines the reasons for the success of title II and draws some lessons learned.

Keywords: Public Accommodations, civil rights act

Suggested Citation

Landsberg, Brian K., Public Accommodations and the Civil Rights Act of 1964: A Surprising Success? (September 29, 2015). Hamline Journal of Public Law and Policy, Vol. 36, No. 1, 2015, Pacific McGeorge School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2667316

Brian K. Landsberg (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

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