Memphis v. Greene

Facts

Hein Park, a small residential community in Memphis, was developed before World War II as an exclusively white neighborhood and remained all-white when this case arose. West Drive was a two-lane street running through Hein Park, connecting Jackson Avenue (to the north) with the area near Overton Park (to the south). The area north of Hein Park was predominantly Black. In 1973, residents of Hein Park petitioned the city to close West Drive at its northern end, citing concerns about traffic flow, safety for children, and “traffic pollution.” The Memphis City Council approved the closure despite opposition from Black residents living north of Jackson Avenue. The closing meant that drivers from the predominantly Black northern area would need to use alternative routes to reach destinations south of Hein Park. Black residents filed suit, claiming the street closing discriminated against them based on race in violation of §1982 and the Thirteenth Amendment. After a full trial, the District Court found no discriminatory purpose and no evidence that the city had denied Black neighborhoods similar benefits. The Court of Appeals reversed, holding that the closing constituted a badge of slavery under §1982 because it benefited a white neighborhood, burdened a Black one, erected a barrier between the communities, was not part of a citywide plan, and could potentially depreciate property values in the Black area.