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Constitutional Law Keyed to Choper
Gilmore v. City of Montgomery
Citation:
417 U.S. 556 (1974)Facts
Following court-ordered desegregation of Montgomery’s public schools, numerous private segregated schools were established. The City of Montgomery allowed these schools to use public recreational facilities, including parks, athletic facilities, and amphitheaters. Some usage was exclusive, where the private schools had complete control of the facilities during certain times, while other usage was nonexclusive, where the general public maintained access. The plaintiffs, Black citizens of Montgomery, filed suit alleging that this practice constituted impermissible state support for segregated education in violation of the Fourteenth Amendment. The District Court enjoined all use of public recreational facilities by segregated private schools, but the Court of Appeals limited the injunction to exclusive use only.
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