1. Civil Rights Cases (1883) Background Civil Rights Act in 1875 declared it a crime to deny equal access to public accommodations on account of race or color. Most privately owned businesses continued to deny service to African American customers. Constitutional Issue Could the U.S. government establish laws banning discrimination in privately owned businesses?

2. Civil Rights Cases Decision Decision The Civil Rights Act of 1875 was unconstitutional because the 14th amendment’s equal protection clause applied to the discriminatory acts taken by states, not by individuals in the private sector. The Civil Rights Act of 1875 was unconstitutional because the 14th amendment’s equal protection clause applied to the discriminatory acts taken by states, not by individuals in the private sector. Importance Importance Many privately owned businesses could now refuse service to African Americans Many privately owned businesses could now refuse service to African Americans

3. Plessy v. Ferguson (1896) Background Homer Plessy, a man of mixed race, was seated in the train car reserved for “white only” passengers. He refused to move to the car for the non- white passengers and Plessy was arrested for violating the Louisiana Act of 1890, which required railroad companies to provide “separate but equal” accommodations for white and black races. Constitutional Issue Do laws that provide for the separation of races violate the rights of blacks as guaranteed by the equal protection clause of the 14th amendment?

4. Plessy v. Ferguson Decision Decision Court stated that Louisiana Act of 1890 (separate but equal accommodations for white and black races) did not violate the Constitution. Court believed that “separate but equal” was the most reasonable approach considering the social prejudices at the time. Court stated that Louisiana Act of 1890 (separate but equal accommodations for white and black races) did not violate the Constitution. Court believed that “separate but equal” was the most reasonable approach considering the social prejudices at the time. Importance Importance Led the way for states to create “separate but equal” facilities, allowing for legal segregation based on race. “Jim Crow” ruled the South. Led the way for states to create “separate but equal” facilities, allowing for legal segregation based on race. “Jim Crow” ruled the South. (This decision was eventually overturned by Brown v. Board of Education of Topeka in 1954 when the Court ruled “separate but equal” was unconstitutional.) (This decision was eventually overturned by Brown v. Board of Education of Topeka in 1954 when the Court ruled “separate but equal” was unconstitutional.)