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Constitutional Law Keyed to Choper
Burton v. Wilmington Parking Authority
Citation:
365 U.S. 715, 81 S.Ct. 856, 6 L.Ed.2d 45 (1961).Facts
In August 1958, Burton, a black man, entered the Eagle Coffee Shoppe, a restaurant located within an off-street parking garage in Wilmington, Delaware. The parking garage was operated by the Wilmington Parking Authority, an agency of the state of Delaware. Burton was denied service in the Eagle Coffee Shoppe solely because of his race. The land and building were publicly owned. As an entity, the building was dedicated to “public uses” in performance of the Wilmington Parking Authority’s “essential government functions.” The costs of land acquisition, construction, and maintenance are paid in part through donations by the City of Wilmington.
Burton filed suit seeking an injunction preventing the restaurant from operating in a racially discriminatory manner on the ground that doing so violated the Equal Protection Clause of the Fourteenth Amendment.
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