Constitutional Law Keyed to Stone
Burton v. Wilmington Parking Authority
Facts
The City of Wilmington created the Wilmington Parking Authority to construct parking and commercial facilities. The Wilmington Parking Authority leased a spot attached to the facility to a commercial tenant who opened a restaurant. The lease contained no requirements that the restaurant serve the general public on a nondiscriminatory basis. This action was commenced because the restaurant refused to serve the Appellant solely because he was a Negro. The Appellant sued under the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The Supreme Court of the United States (Supreme Court) found the building where the restaurant was located was publicly owned and dedicated to public use in performance of the States essential government functions.
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