The Civil Rights Cases

The Civil Rights Cases of 1883 were 5 consolidated cases.

The Civil Rights Act of 1875 made it unlawful for anyone to deny a person the enjoyment of accommodations at inns, on public transportation, etc., on the basis of race. Certain blacks were excluded from inns, theaters, and a railroad in 5 separate states. The 5 cases were consolidated before the Supreme Court.

United States v. Stanley is 1 of the 5 Civil Rights cases of 1883. Stanley in the state of Kansas was refusing admittance to African-American patrons at his hotel. A federal prosecutor charged Stanley for criminal violation of the Civil Rights Act of 1875.

May Congress prohibit private discriminatory actions by facilities generally open to the public?

Stanley argued that the Civil Rights Act of 1875 was un-constitutional.

No. The Civil Rights Act is unconstitutional

The 14th Amendment permits Congress only to take corrective action against state laws or acts done under state authority. The Civil Rights Act is directed toward acts by individuals and cannot be upheld under the 14th Amendment.

The 13th Amendment permits direct (as opposed to merely corrective) legislation, but it covers only slavery or involuntary servitude, or the "lingering badges" of such. Refusing public accommodations to a black person does not impose any badge of slavery or servitude. Mere racial discrimination is not a badge of slavery.

Congress had no power to pass the Civil Rights Act, and Plaintiffs must seek a remedy in state law for any cause of action against private individuals or corporations that are discriminating.

According to SCOTUS, private racial discrimination didn't make people slaves. There were in fact free non-white people in the South before 1860 who faced racial discrimination by private parties such as restaurant owners. These free non-whites folks weren't being enslaved as a result of private racial discrimination in public accommodations.

This aforesaid SCOTUS outlook has changed in 1968 case Jones v. Alfred Mayer.