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Constitutional Law Keyed to Maggs
Burton v. Wilmington Parking Authority
Citation:365 U.S. 715 (1961)
The Eagle Coffee Shoppe, Inc., a restaurant located within an off-street automobile parking building in Wilmington, Delaware, has refused to serve appellant food or drink solely because he is a Negro. The parking building is owned and operated by the Wilmington Parking Authority, an agency refusal abridges his rights under the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court of Delaware held that Eagle was acting in a purely private capacity under its lease; that its action was not that of the Authority and was not state action within the contemplation of the prohibitions contained in the Fourteenth Amendment.
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