Palmer v. Thompson, 403 U.S. 217 (1971). Facts: The city of Jackson, Mississippi, closed all of its public swimming pools after they had been ordered desegregated. The city’s purpose was that desegregation of the pools could not be done economically or efficiently. Issue: Whether the closing of the pools was a violation of equal protection. Holding: No. Majority Reasoning: [Black] stated that there was no affirmative duty to operate swimming pools. The motivation of the persons who passed the law is difficult for the court to determine, and does not render the closing unconstitutional solely because it appears to be racially motivated. If this were the only reason, then the city could re-pass the law with a different purpose, which would then make it constitutional. Dissent Reasoning: [White] felt that the closing of the pools was an official public policy statement by the city that blacks are unfit to associate with whites in public pools. Racial animus was the only motivation for this law, and it thus violated equal protection because it did not have the same affect on whites as it did on blacks. Notes: In Griffin v. County School Board of Prince Edward County, the court struck down the school board’s attempt to shut down the public schools and support private schools only to avoid desegregation, holding that the motive was unconstitutional. Also, in Gomillion v. Lightfoot, the court struck down a redrawing of the city’s borders which had the effect of eliminating most black voters, an no white voters, holding that the motive, as well as the effect, was unconstitutional. Prepared by Roger Martin
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