Burton v. Wilmington Parking Authority. 157 A.2d at page 899.

. There would be no need for resolving the problems in state-federal relations with which the Court's opinion deals. Shelley v. Kraemer, supra.

Suit was then filed in 1958 on Mr. Burton's behalf against the parking authority and the No keeper of an inn, tavern, hotel, or restaurant, or other place of public entertainment or refreshment of travelers, guests, or customers shall be obliged, by law, to furnish entertainment or refreshment to persons whose reception or entertainment by him would be offensive to the major part of his customers, and would injure his business.Redding then appealed to the federal courts on behalf of Burton. William H. BURTON, Appellant, v. WILMINGTON PARKING AUTHORITY, et al. § 1501 with respect to restaurant keepers. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. In its lease the Authority covenanted to complete construction expeditiously, including completion of 'the decorative finishing of the leased premises and utilities therefor, without cost to Lessee,' including necessary utility connections, toilets, hung acoustical tile and plaster ceilings; vinyl asbestos, ceramic tile and concrete floors; connecting stairs and wrought iron railings; and wood-floored show windows. 164 Argued: Decided: April 17, 1961. In August 1958 William H. Burton, an African American, entered the Eagle Coffee Shoppe, a restaurant leasing space within a parking garage operated by the Wilmington Parking Authority, and was denied service solely because of his race. Pp. Appellant claims that such refusal abridges his rights under the Equal Protection Clause of the The Authority was created by the City of Wilmington pursuant to 22 Del.Code, §§ 501—515. On motions for summary judgment, based on the pleadings and affidavits, the Chancellor concluded, contrary to the contentions of respondents, that whether in fact the lease was a 'device' or was executed in good faith, it would not 'serve to insulate the public authority from the force and effect of the On the jurisdictional question, we agree that the judgment of Delaware's court does not depend for its ultimate support upon a determination of the constitutional validity of a state statute, but rather upon the holding that on the facts Eagle's racially discriminatory action was exercised in 'a purely private capacity' and that it was, therefore, beyond the prohibitive scope of the The trial court's disposal of the issues on summary judgment has resulted in a rather incomplete record, but the opinion of the Supreme Court as well as that of the Chancellor presents the facts in sufficient detail for us to determine the degree of state participation in Eagle's refusal to serve petitioner. Therefore, respondents' prophecy of nigh universal application of a constitutional precept so peculiarly dependent for its invocation upon appropriate facts fails to take into account "Differences in circumstances [which] beget appropriate differences in law," The judgment of the Supreme Court of Delaware is reversed, and the cause remanded for further proceedings consistent with this opinion. Owing to the very "largeness" of government, a multitude of relationships might appear to some to fall within the Amendment's embrace, but that, it must be remembered, can be determined only in the framework of the peculiar facts or circumstances present. . 'According to my brother STEWART, the Supreme Court of Delaware has held that one of its statutes, 24 Del.Code § 1501, sanctions a restaurateur denying service to a person solely because of his color. Pp. It is "a public body corporate and politic, exercising public powers of the State as an agency thereof." The parking building is owned and operated by the Wilmington Parking Authority, an agency of the State of Delaware, and the restaurant is the Authority's lessee. Its statutory purpose is to provide adequate parking facilities for the convenience of the public, and thereby relieve the "parking crisis, which threatens the welfare of the community. To secure additional capital needed for its 'debt-service' requirements, and thereby to make bond financing practicable, the Authority decided it was necessary to enter long-term leases with responsible tenants for commercial use of some of the space available in the projected 'garage building.' It is 'a public body corporate and politic, exercising public powers of the State as an agency thereof.'

Owing to the very 'largeness' of government, a multitude of relationships might appear to some to fall within the Amendment's embrace, but that, it must be remembered, can be determined only in the framework of the peculiar facts or circumstances present. On motions for summary judgment, based on the pleadings and affidavits, the Chancellor concluded, contrary to the contentions of respondents, that whether in fact the lease was a "device" or was executed in good faith, it would not "serve to insulate the public authority from the force and effect of the Fourteenth Amendment." "Before it began actual construction of the facility, the Authority was advised by its retained experts that the anticipated revenue from the parking of cars and proceeds from sale of its bonds would not be sufficient to finance the construction costs of the facility. Thus, it’s discrimination could be considered state action in violation of the Fourteenth Amendment.Justice Harlan, joined by Justice Whittaker, dissented.

Their persuasiveness is diminished when evaluated in the context of other factors which must be acknowledged.The land and building were publicly owned. Thomas Herlihy, Jr., Wilmington, Del., for appellee, Eagle Coffee Shoppe, Inc.Mr.

(1961) No. Before it began actual construction of the facility, the Authority was advised by its retained experts that the anticipated revenue from the parking of cars and proceeds from sale of its bonds would not be sufficient to finance the construction costs of the facility. * 24 Del.Code § 1501.

Mid This article has been rated as Mid-importance on the importance scale.

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