Tag Archives: NAACP

Black History Month Spotlight – Politics and Law

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Mahlon Martin Jr., City Manager Bruce T. Moore, Honorable Lottie Shackelford, Charles Bussey Jr.

Mahlon Martin Jr., City Manager Bruce T. Moore, Honorable Lottie Shackelford, Charles Bussey Jr.

The new Arkansas Civil Rights History Audio Tour was launched in November 2015. Produced by the City of Little Rock and the University of Arkansas at Little Rock allows the many places and stories of the City’s Civil Rights history to come to life an interactive tour.  This month, during Black History Month, the Culture Vulture looks at some of the stops on this tour which focus on African American history.

The Arkansas Civil Rights Heritage Trail was launched in 2011 by the UALR’s Institute on Race and Ethnicity.  Each year, a theme is chosen to honor a particular group of people who were active in Arkansas’s civil rights movement.  Year by year, the trail grows.  The plan is that over time the trail will stretch from the current starting point at the Old State House, down West Markham Street and President Clinton Avenue to the Clinton Presidential Library and Museum, and then back up the other side of the street to opposite the Old State House.

Politics and Law have been two central pillars in civil rights struggles.

The honorees contributed to those struggles in Arkansas in a number of ways. Annie Mae Bankhead was a community activist in Little Rock’s black College Station neighborhood; Charles Bussey was Little Rock’s first black mayor; Jeffery Hawkins was unofficial mayor of Little Rock’s black East End neighborhood; I. S. McClinton was head of the Arkansas Democratic Voters Association; Irma Hunter Brown was the first black woman elected to the Arkansas General Assembly; Mahlon Martin was Little Rock’s first black city manager; Richard L. Mays and Henry Wilkins III were among the first blacks elected to the Arkansas General Assembly in the twentieth century.

Lottie Shackelford was Little Rock’s first black woman mayor; Wiley Branton was head of the Southern Regional Council’s Voter Education Project in the 1960s; William Harold Flowers laid the foundations for the Arkansas State Conference of NAACP branches; Scipio Africanus Jones defended twelve black prisoners after the 1919 Elaine Race Riot; Olly Neal was the first black district prosecuting attorney in Arkansas; and John Walker for over five decades has been involved in civil rights activism in the courts.

The app, funded by a generous grant from the Arkansas Humanities Council, was a collaboration among UALR’s Institute on Race and Ethnicity, the City of Little Rock, the Mayor’s Tourism Commission, and KUAR, UALR’s public radio station, with assistance from the Little Rock Convention and Visitors Bureau.

Little Rock Look Back: Bates v. Little Rock US Supreme Court decision

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bates daisyOn February 23, 1960, the U. S. Supreme Court handed down a decision in the case of Daisy BATES et al., Petitioners, v. CITY OF LITTLE ROCK et al.  This case had been argued before the Court in November 1959.

Daisy Bates of Little Rock and Birdie Williams of North Little Rock were the petitioners.  Each had been convicted of violating an identical ordinance of an Arkansas municipality by refusing a demand to furnish city officials with a list of the names of the members of a local branch of the National Association for the Advancement of Colored People. The question for decision was whether these convictions can stand under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

The Little Rock ordinance (10,638) was passed on October 14, 1957. It charged that certain non-profits were actually functioning as businesses and using non-profit status to skirt the law. Therefore it required the non-profits to disclose their members and sources of dues.  North Little Rock passed an identical ordinance.

(Mayor Woodrow Mann was not present at the meeting of the LR Council when the ordinance was passed. But he signed all of the resolutions and ordinances approved that night.  Ordinance 10,638 was the only legislation that night which had also been signed by Acting Mayor Franklin Loy.  Mayor Mann crossed through Loy’s name and signed his own.)

Mrs. Bates and Mrs. Williams as keepers of the records for their respective chapters of the NAACP refused to comply with the law.  While they provided most of the information requested, they contended they did not have to provide the membership rosters and dues paid.

After refusing upon further demand to submit the names of the members of her organization, each was tried, convicted, and fined for a violation of the ordinance of her respective municipality. At the Bates trial evidence was offered to show that many former members of the local organization had declined to renew their membership because of the existence of the ordinance in question. Similar evidence was received in the Williams trial, as well as evidence that those who had been publicly identified in the community as members of the National Association for the Advancement of Colored People had been subjected to harassment and threats of bodily harm.

Each woman was convicted in the court of Pulaski Circuit Court, First Division, William J. Kirby, Judge. They were fined $25 a person.  On appeal the cases were consolidated in the Supreme Court of Arkansas in 1958. The convictions were upheld by five justices with George Rose Smith and J. Seaborn Holt dissenting.

Mrs. Bates and Mrs. Williams then appealed to the U. S. Supreme Court.  The pair’s legal team included Robert L. Carter and George Howard, Jr. (who would later become a federal judge).  Little Rock City Attorney Joseph Kemp argued the case for the City.  The arguments before the U. S. Supreme Court were herd on November 18, 1959.

The SCOTUS decision was written by Associate Justice Potter Stewart.  He was joined by Chief Justice Earl Warren and Associate Justices Felix Frankfurter, Tom C. Clark, John M. Harlan II, William J. Brennan and Charles E. Whittaker.  Justices Hugo Black and William O. Douglas wrote a concurring opinion.

The U. S. Supreme Court reversed the lower courts.

In sum, there is a complete failure in this record to show (1) that the organizations were engaged in any occupation for which a license would be required, even if the occupation were conducted for a profit; (2) that the cities have ever asserted a claim against the organizations for payment of an occupation license tax; (3) that the organizations have ever asserted exemption from a tax imposed by the municipalities, either because of their alleged nonprofit character or for any other reason.

We conclude that the municipalities have failed to demonstrate a controlling justification for the deterrence of free association which compulsory disclosure of the membership lists would cause. The petitioners cannot be punished for refusing to produce information which the municipalities could not constitutionally require. The judgments cannot stand.

In their concurring opinion, Justices Black and Douglas wrote that they felt the facts not only violated freedom of speech and assembly from the First Amendment, but also aspects of the Fourteenth Amendment. They wrote that the freedom of assembly (including freedom of association) was a principle to be applied “to all people under our Constitution irrespective of their race, color, politics, or religion. That is, for us, the essence of the present opinion of the Court.”

Neither the Gazette or Democrat carried any reaction from City leaders. There was a City Board meeting the evening of the decision. If it was mentioned, the minutes from the meeting do not reflect it. 

Arkansas Attorney General Bruce Bennett, on the other hand, was very vocal in his outrage. The city laws were known as Bennett Laws because they had been drafted by him as ways to intimidate African Americans and others he viewed as agitators. 

In 1960 he was challenging Governor Orval Faubus for the Democratic gubernatorial nomination.  In reaction to the to the Supreme Court he vowed that, if elected Governor, he would “de-integrate” (a term he proudly took credit for coining) the state.  

For his part, and not to be outdone by the AG, Faubus fretted that the Court’s decision meant that Communists would be able to give money to the NAACP. 

Black History Month Spotlight – Central High School

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centralentranceThe new Arkansas Civil Rights History Audio Tour was launched in November 2015. Produced by the City of Little Rock and the University of Arkansas at Little Rock allows the many places and stories of the City’s Civil Rights history to come to life an interactive tour.  This month, during Black History Month, the Culture Vulture looks at some of the stops on this tour which focus on African American history.

In September 1957 Little Rock’s Central High School made headlines around the world in a struggle over school desegregation. In its 1954 Brown v. Board of Education decision, the United States Supreme Court declared an end to segregated schools. Little Rock drew up a gradual plan for desegregation starting with Central High. The local branch of the National Association for the Advancement of Colored People opposed the plan on the grounds that it was too slow moving, but the federal courts upheld it. The night before the school was due to desegregate, Gov. Orval Faubus surrounded Central with National Guard soldiers. The next day, black students were denied entry.

Eventually, Faubus was persuaded to remove the soldiers. When nine black students attempted to desegregate the school, a white mob formed outside. The students were removed for their safety. Finally, President Dwight D. Eisenhower sent in federal troops to desegregate the school. Even then, the ordeal of the Little Rock Nine was not over. They suffered numerous attacks inside the school. At the end of the school year Ernest Green, the only senior in the group, became the first black student to graduate from Central in May 1958.

The app, funded by a generous grant from the Arkansas Humanities Council, was a collaboration among UALR’s Institute on Race and Ethnicity, the City of Little Rock, the Mayor’s Tourism Commission, and KUAR, UALR’s public radio station, with assistance from the Little Rock Convention and Visitors Bureau.

Black History Month Spotlight – L.C. and Daisy Bates House

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Bates HouseThe new Arkansas Civil Rights History Audio Tour was launched in November 2015. Produced by the City of Little Rock and the University of Arkansas at Little Rock allows the many places and stories of the City’s Civil Rights history to come to life an interactive tour.  This month, during Black History Month, the Culture Vulture looks at some of the stops on this tour which focus on African American history.

L.C. and Daisy Bates were civil rights activists and co-owners and publishers of the Arkansas State Press newspaper. During the 1957 school desegregation crisis of Central High School, their home functioned as headquarters for the “Little Rock Nine,” the first black students to attend the school. The Bateses’ home provided a safe-haven for “the Nine.” It was a refuge, a place to study and receive counseling to contend with frequent harassment by white students and other staunch segregationists who demonstrated outside the school.

“The Nine” also visited with the NAACP legal team of Thurgood Marshall and Wiley Branton, who worked on the school desegregation case of Aaron v. Cooper. Daisy Bates, a mentor to the Nine, was president of the Arkansas State Conference of the National Association for the Advancement of Colored People (NAACP.) For taking a stand against segregated schools, L.C. and Daisy Bates had numerous missiles hurled at their home during the school crisis and had several fiery crosses—an emblem of the white terror organization the Ku Klux Klan— burned on their lawn. Segregationists mounted a boycott of the Arkansas State Press newspaper, putting it out of business in 1959.

In 2001, it was declared a National Historic Landmark.  The house is now being restored and turned into a museum.

The app, funded by a generous grant from the Arkansas Humanities Council, was a collaboration among UALR’s Institute on Race and Ethnicity, the City of Little Rock, the Mayor’s Tourism Commission, and KUAR, UALR’s public radio station, with assistance from the Little Rock Convention and Visitors Bureau.