Memphis v. Greene

Memphis v. Greene
Litigants	Memphis v. Greene
ArgueDate	December 8, 1980
DecideDate	April 20, 1981
FullName	City of Memphis, Tennessee v. Charles E. Greene, et al.
Citations	451 U.S. 100
Holding	The closing of a street at the border of a white neighborhood, which primarily affected black residents, did not violate 42 U.S.C. § 1982 or the Thirteenth Amendment.
SCOTUS	1980-1981
Majority	Stevens
JoinMajority	Burger, Stewart, Powell, Rehnquist
Dissent	White
JoinDissent	Brennan, Marshall, Blackmun
Dissent2	Marshall
JoinDissent2	Brennan, Blackmun
LawsApplied	42 U.S.C. § 1982; Thirteenth Amendment

Memphis v. Greene was a significant United States Supreme Court case decided in 1981 concerning allegations of racial discrimination in a municipal action. The dispute centered on the city of Memphis closing a street that connected a predominantly white neighborhood with a predominantly black area. The Court's ruling examined the limits of federal civil rights statutes and constitutional protections against private racial discrimination.

Background and facts of the case

The case originated when the City of Memphis approved the request of the Hein Park Community Association to close a portion of West Drive at its intersection with Springdale Street. This closure created a barrier between the predominantly white Hein Park neighborhood and a predominantly black community to the north. Residents of the affected black neighborhood, led by Charles E. Greene, filed suit, arguing the closure was motivated by racial discrimination and inhibited their access to parts of the city. The plaintiffs contended the action violated the Thirteenth Amendment and 42 U.S.C. § 1982, a provision of the Civil Rights Act of 1866 guaranteeing all citizens the same property rights as white citizens.

Supreme Court decision

In a 5-4 decision, the Supreme Court reversed the ruling of the Court of Appeals for the Sixth Circuit, which had found in favor of the black residents. The High Court held that the street closure did not violate 42 U.S.C. § 1982 or the Thirteenth Amendment. The majority concluded that the plaintiffs failed to demonstrate that the city's action constituted a "badge or incident of slavery" or that it denied them property rights protected under the federal statute.

Majority opinion

Justice John Paul Stevens authored the majority opinion. The Court reasoned that the street closure caused only a minimal inconvenience to black residents and was not tantamount to a denial of property rights under 42 U.S.C. § 1982. Stevens emphasized that the city's action was a legitimate exercise of its police power to reduce traffic and improve safety in a residential area. The opinion stated that not every social or economic disadvantage affecting a racial group violates the Thirteenth Amendment, requiring a specific showing of a "badge or incident of slavery."

Dissenting opinions

Justice Byron White wrote a dissenting opinion, joined by Justices Brennan, Marshall, and Blackmun. White argued that the street closure was a symbolic gesture of racial exclusion that perpetuated segregation, creating a clear "badge of slavery" prohibited by the Thirteenth Amendment. In a separate dissent, Justice Thurgood Marshall, joined by Justices Brennan and Blackmun, criticized the majority for minimizing the discriminatory impact and historical context of the closure, viewing it as a modern manifestation of racial barriers.

Legal analysis and significance

The decision was notable for its narrow interpretation of the scope of the Thirteenth Amendment and its enforcement statute, 42 U.S.C. § 1982. It established a high bar for proving that a racially neutral municipal action with a disparate impact constitutes a "badge or incident of slavery." The ruling contrasted with earlier precedents like Jones v. Alfred H. Mayer Co., which had given a broad reading to the same statute. Legal scholars often cite the case in discussions of Washington v. Davis and the intent requirement in proving racial discrimination under the Constitution.

Aftermath and impact

Following the decision, the street in Memphis remained closed. The case limited the use of the Thirteenth Amendment as a tool to challenge modern forms of racial segregation not involving direct property transactions. Its legacy influenced subsequent rulings on discriminatory intent versus disparate impact, shaping the legal landscape for civil rights litigation against local governments. The dissent's powerful arguments about symbolic segregation continued to inform scholarly criticism and advocacy in housing and equal protection cases.

Category:United States Supreme Court cases Category:United States civil rights case law Category:1981 in United States case law