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COMMITTEE ON COMMERCE
A BILL TO ELIMINATE DISCRIMINATION IN PUBLIC ACCOM-
MODATIONS AFFECTING INTERSTATE COMMERCE
PART 3 (APPENDIX)
Printed for the use of the Committee on Commerce
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1964
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C., 20402 - Price 25 cents
COMMITTEE ON COMMERCE
WARREN G. MAGNUSON, Washington, Chairman JOHN O. PASTORE, Rhode Island
NORRIS COTTON, New Hampshire A. S. MIKE MONRONEY, Oklahoma
THRUSTON B, MORTON, Kentucky STROM THURMOND, South Carolina HUGH SCOTT, Pennsylvania FRANK J. LAUSCHE, Ohio
WINSTON L. PROUTY, Vermont RALPH YARBOROUGH, Texas
J. GLENN BEALL, Maryland
EDWARD JARRETT, Chief Clerk
GERALD B. GRINSTEIN, Chief Counsel
CIVIL RIGHTS-PUBLIC ACCOMMODATIONS
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK,
August 23, 1963. Memorandum to Members of the Senate Committees on Commerce and the
Judiciary and the House Committee on the Judiciary: Enclosed is a copy of the report of the committee on Federal legislation of the association on proposed Federal civil rights laws relating to public accommodations.
It is contemplated that this report, along with a report on other aspects of the proposed civil rights law now pending in Congress, will be published in due course in our Federal Legislation Bulletin and sent to all Members of Congress in accordance with our customary practice.
We are sending this copy of the report to you in advance of such publication, because the public accommodations legislation is before your committees, and we thought that you might find it helpful to have the report at this time. Sincerely yours,
FRED N. FISHMAN, Chairman.
REPORT ON PROPOSED FEDERAL CIVIL RIGHTS LAWS RELATING TO
This report is addressed to certain bills presently before Congress to eliminate discrimination in public accommodations, and to establish causes of action by private individuals and the Attorney General to prevent such discrimination.
We have considered principally the provisions comprising title II of the proposed Civil Rights Act of 1963, introduced by Senator Mansfield and others as S. 1731, 88th Congress, 1st session, and by Representative Celler as H.R. 7152, 88th Congress, 1st session. Senator Mansfield and others have also introduced substantially the same provisions as title II in a separate bill, S. 1732, the proposed Interstate Public Accommodations Act of 1963. Other bills dealing with this problem have been introduced by a substantial number of other Senators and Representatives, including S. 1591 introduced by Senators Dodd and Cooper and others, and H.R. 6720 introduced by Representative Lindsay and by others in the same form. S. 1731 and H.R. 7152 were proposed by President Kennedy in a special message to Congress on June 19, 1963, which stated that the public accommodations provisions are designed “to guarantee all citizens equal access to the services and facilities of hotels, restaurants, places of amusement, and retail establishments” (New York Times, June 20, 1963, p. 16, col. 4).
Title II of S. 1731 invokes the powers of Congress under both the commerce clause and the 14th amendment of the Constitution, with chief reliance placed upon the commerce clause, and with the operative sections, as introduced, relying solely on the commerce clause. S. 1591 and H.R. 6720 are based upon the 14th amendment, and proposals have been made to amend title II to place greater operative reliance upon the 14th amendment.
Title II now provides that all persons shall be entitled "without discrimination or segregation on account of race, color, religion, or national origin, to the full and equal enjoyment of the goods, services, facilities, privileges, advantages,
1 Unless otherwise indicated the references to the proposed legislation in this report refer to title II of S. 1731, the full text of which is attached hereto as an appendix.