Constitutional Law Keyed to Feldman
Burton v. Wilmington Parking Authority
Facts
A Wilmington, Delaware restaurant in an off-street automobile parking building refused to serve Appellant food because he was black. The parking building was owned by the Appellee, the Wilmington Parking Authority (Appellee), an agency of the state of Delaware and the restaurant is the Appellee’s lessee. The Delaware Supreme Court held that the restaurant was acting in a “purely private capacity” under its lease. It also held that its action was not that of the Appellee and was not, therefore, a state action. Further, it also held pursuant to a Delaware code that the restaurant was not an inn and that as such, it “is not required [under Delaware law] to serve any and all persons entering its place of business.”
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