STATE OF DELAWARE, Dover, July 11, 1963. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, Senate Office Building, Washington, D.C. DEAR SENATOR MAGNUSON: Thank you for your letter of June 28, 1963, concerning the hearings on S. 1732. Enclosed is a copy of senate bill No. 183 introduced in the present session of the Delaware General Assembly. This measure has the wholehearted support of our administration, has been passed by the senate, and is now awaiting house consideration. I believe this should adequately express our views on the need for equal public accommodations legislation. Cordially yours, Senate Bill No. 183 ELBERT N. CARVEL, Governor. AN ACT Amending Title 6, Delaware Code of 1953, by protecting the public welfare, entitling all persons to full and equal accommodations, facilities, advantages, and privileges of places of public accommodation and making it unlawful to refuse the same to any person on account of race, creed, color, or national origin or to publish any communication to the effect that the same shall be refused on account of race, creed, color, or national origin, empowering and directing the State Human Relations Commission to effect voluntary compliance therewith and providing criminal penalties for the violation thereof, and repealing Section 1501 of title 24, Section 902 of Title 28 and Section 703 of Title 26, Delaware Code of 1953, insofar as said sections are inconsistent herewith Be it enacted by the General Assembly of the State of Delaware: SECTION 1. Title 6, Delaware Code of 1953, is amended by adding a new chapter thereto reading; as follows: § 4501. Definitions CHAPTER 45. EQUAL ACCOMMODATIONS. As used in this chapter "A place of public accommodation" means any establishment which caters to or offers goods or services or facilities to, or solicits patronage from, the general public. This definition shall apply to hotels and motels catering to the transient public, but it shall not apply to the sale or rental of houses, housing units, apartments, rooming houses, or other dwellings nor to tourist homes with less than ten rental units catering to the transient public. ."Commission" shall mean the State Human Relations Commission. $4502. Purpose and Construction This chapter is intended to prevent in places of public accommodation praetices of discrimination against any person because of race, creed, color or national origin. This chapter shall be liberally construed to the end that the rights herein provided for all people without regard to race, creed, color or national origin may be effectively safeguarded. § 4503. Persons Entitled to Protection All persons within the jurisdiction of this State are entitled to the full and equal accommodations, facilities, advantages and privileges of any place of public accommodation regardless of the race, creed, color, or national origin of such persons. $ 4504. Unlawful Practices (a) No person being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, shall directly or indirectly refuse, withhold from or deny to any person, on account of race, creed, color, or national origin, any of the accommodations, facilities, advantages, or privileges thereof. (b) No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation shall directly or indirectly publish, issue, circulate, post, or display any written, typewritten, mimeographed, printed, or radio communication, notice or advertisement to the effect that any of the accommodations, facilities, advantages, and privileges of any place of public accommodation shall be refused, withheld from or denied to any person on account of race, creed, color, or national origin, or that the patronage or custom thereat of any person belonging to or purporting to be or appearing to be of any particular race, creed, color, or national origin, is unlawful, objectionable, or not acceptable, desired, accommodated, or solicited, or that the patronage of persons of any particular race, creed, color, or national origin is preferred or is particularly welcomed, desired, or solicited. $4505. Duty to Induce Compliance The Commission, in addition to other powers granted by this chapter is impowered and directed to induce compliance with the purpose of this chapter by informal methods of conference, persuasion and conciliation. § 4506. (a) A person believing himself aggrieved by an allegedly unlawful practice proscribed in Section 4504 may, by himself or his attorney-at-law, file with the Chairman of the Commission a complaint in writing which shall state: (i) The name and address of the complainant. (ii) The name and location of the place of public accommodation at which the unlawful discriminatory practice occurred, and the date and time thereof. (iii) If known, the name and address of each respondent, that is, the person or persons who committed the unlawful act and (if different) the person who is the owner, lessee, proprietor, manager, or superintendent of the place of public accommodation. (iv) Such other information as may be required by the Commission. (b) No complaint shall be filed with the Commission more than ninety (90) days after the occurrence of the alleged act of unlawful discrimination, but any complaint can be amended at any time. (c) Within ten (10) days after the complaint is filed, the Chairman of the Commission shall designate three or more Commissioners who shall themselves or by employees or agents of the Commission, investigate the complaint, ascertain the identity of the respondents, and endeavor to eliminate any unlawful discriminatory practice they discover by conference, persuasion, and conciliation. The Commissioners so appointed shall decide whether they shall hold a public hearing as part of their investigation. (d) Within forty-five (45) days from the date the complaint is filed with the Commission, unless another date is fixed by the Chairman, the Commissioners so appointed shall submit a written report to the Chairman which shall: (i) State findings of fact. (ii) State which of the respondents, if any, has committed an act forbidden by this chapter, and if so, (iii) State what efforts were made to adjust the complainant's grievance by conference, persuasion, and conciliation, and the result thereof. (iv) State what action was taken to prevent future violation by the respondents. (v) Make recommendations for future handling of the case. Copies of the report shall be mailed to the complainant, to each respondent, and to the attorney at law of any party thus represented. (e) If a majority of the Commissioners appointed to investigate the complaint determine that no respondent has committed an act proscribed by Section 4504, the complaint shall be dismissed. The order of dismissal shall be signed by the Chairman and mailed to the complainant, to each respondent, and to the attorney at law of any party thus represented. However, no order shall issue pursuant to subsection (f) unles a public hearing shall have been held with at least five days' notice to the respondent and unless the respondent shall have been given an opportunity to be represented by counsel and to present evidence. (f) If a majority of the Commissioners appointed to investigate the complaint determine that one or more of the respondents has committed an act proscribed by Section 4504, the Chairman shall execute with such respondent or respondents who committed such act, an agreement that he or they shall discontinue such unlawful practice and shall refrain from unlawful practices proscribed by Section 4504 of this chapter. The agreement shall contain such other terms as are reasonable and will effectuate the purposes of this chapter. In the event that the respondent or respondents shall refuse to execute such an agreement the Chairman shall issue an order ordering him or them to discontinue such unlawful practice, to refrain from unlawful practices proscribed in Section 4504 of this chapter and to comply with such other terms of the order as may be contained therein and which are reasonable and will effectuate the purposes of this chapter. Such order shall be served personally on each respondent subject to the order by a member of the Commission or its staff or shall be served by registered or certified mail. A copy of the agreement or order, as the case may be, shall be mailed to the complainant and to the attorney at law of any party thus represented. § 4507. Commission's Power to Investigate Compliance The Commission is empowered to investigate compliance with this chapter whether or not a complaint is filed. In furtherance and not in limitation of this power, the Commission may review practices of any place of public accommodation within this State by three or more Commissioners appointed by the Chairman. The Commissioners thus appointed shall conduct an investigation in a manner which shall follow, so far as is reasonably practicable, the procedure specified in Section 4506 and the Chairman shall conclude such investigation by an agreement or order as provided in Section 4506 (f) or shall notify such place of public accommodation that no agreement or order is deemed neces sary. § 4508. Commission's Power to Adopt Rules The Commission shall have the power to adopt rules and regulations concerning the manner in which complaints shall be investigated or other investigations pursuant to this chapter shall be conducted, the manner which public hearings shall be conducted, the general form and content of agreements and orders provided for in this chapter and such other rules as the Commission shall consider appropriate to assist it in performing its duties and in carrying out the purposes of this chapter. Such rules and regulations shall have the force and effect of law. § 4509. Compelling Attendance of Witnesses and Production of Documents, Oaths, Subpenas (a) The Commission, or any group of Commissioners appointed to investigate a complaint or otherwise to investigate compliance with this chapter, may compel the attendance of witnesses and the production of papers, books, accounts and all other documents at any public hearing. (b) At any public hearing, any member of the Commission may administer oaths to all witnesses who may be called before the Commission, or any group of Commissioners appointed to investigate a complaint or otherwise to investigate compliance with this chapter, as the case may be. (c) To compel attendance at any public hearing subpenas may be issued in the name of the Commission and shall be signed by a member thereof and may be served by any Sheriff, deputy sheriff, constable or any employee of, or member of, the Commission and return thereof made to the Commission. § 4510. Witness Fees and Mileage Any witness appearing in response to a subpena shall receive fees and mileage allowances computed at the rate allowed to witnesses in the Superior Court, such fees to be paid when the witness is excused from further attendance. § 4511. Refusal to Obey Subpena, Answer Question or Produce Documents; Contempt If a person subpenaed to attend before any group of Commissioners appointed to investigate a complaint or compliance with this chapter fails to obey the command of such subpena without reasonable cause, or if a person in attendance refuses without lawful cause to be examined or to answer a legal pertinent question, or to produce papers, books, accounts or other documents when ordered to do so by the Chairman of the public hearing, any member of the Commission may apply to the Superior Court in and for the county where such hearing is being held for an order returnable in not less than two or more than ten days directing such person to show cause before the Court why he would not comply with the subpena or order of the Chairman of the public hearing. Upon the return of such order the judge before whom the matter comes on for hearing shall examine under oath the persons whose testimony may be relevant to be heard and if the judge determines that the person refused without legal excuse to obey the command of such subpena or to be examined, or to answer a legal or pertinent question. or to produce a book or paper which he was ordered to produce, the judge may order such person to comply forthwith with the subpena or order of the Chairman of the public hearing and any failure to obey such order of the court or judge may be punished by the court or judge as a contempt of the Superior Court. § 4512. Rules Governing Conduct of Hearings All public hearings before any group of Commissioners appointed to investigate a complaint or failure to comply with this chapter shall be conducted in accordance with the rules prescribed by the Commission. In investigations and the conduct of public hearings, the Commissioners shall not be bound by the technical rules of evidence. A record shall be kept of all investigations and all public hearings and all parties shall be entitled to be heard in person or by attorney, and to introduce evidence. § 4513. Right to Appeal (a) Any complainant aggrieved by a dismissal of a complaint under Section 4506 (e) or by an agreement or order as provided by Section 4506 (f) or any respondent aggrieved by any order as provided in Section 4506 (f) or Section 4507 shall have a right to appeal to the Court of Chancery in the county in which the unlawful act is alleged to have occurred. Such appeal shall be filed within thirty (30) days of the date of dismissal of the complaint, execution of the agreement or issuance of the order. (b) On the appeal, the aggrieved party shall designate himself as appellant and the Commission and any other parties to the matter in which the appeal is taken as appellees. Within twenty (20) days after service of the summons on the Commission, the Commission shall file with the Court a complete record of its proceedings in the matter including the complaint, if one has been filed, the report of the Commissioners, a copy of the notice of dismissal, agreement, or order as the case may be, and such other documents as may be in the Commission's file. The Court shall hear evidence and shall determine whether there is substantial evidence to support the dismissal, or the terms of the agreement or order and whether there is substantial evidence that the agreement or order is reasonable and will effectuate the purposes of this chapter. In the event that there is such substantial evidence, the dismissal, agreement or order shall be affirmed, and it shall thereafter have the force and effect of an order of the Court. In the event that the Court shall determine that there is not such substantial evidence, it shall make such order as it deems appropriate to give effect to the purposes of this chapter. In either case such order shall have the force and effect of any other order of the Court of Chancery. (c) Unless otherwise ordered by the Court, the filing of an appeal to the Court of Chancery shall act as a stay of any agreement or order until disposition of the appeal. (d) Any aggrieved party shall have a right to appeal from the order of the Court of Chancery. § 4514. No Prosecution Unless Approved by the Commission Other than prosecution instituted by the Attorney General, by way of indictment or information, no criminal prosecution under this chapter shall be instituted unless the Commissioners appointed to investigate the alleged offense, or a majority of them, shall first have certified in writing that such prosecution is in the public interest. The basis for such certification shall not be reviewed in any proceeding whatsoever. The Commissioners may consider that a prosecution is in the public interest when they determine that there is probable cause to believe that any person has violated any provision of any agreement or order executed or issued within twelve months prior to such violation or when they shall determine that there is probable cause to believe that an unlawful practice as proscribed by Section 4504 has occurred and that efforts to eliminate the unlawful practice by informal methods of conference, persuasion and conciliation have failed and that further efforts are likely to be futile. § 4515. Violations and Penalties Any person who, on prosecution instituted by the Attorney General, or on prosecution instituted by any other person after certification by the Commissioners as provided in Section 4514, shall be found guilty of any unlawful practice proscribed by Section 4504 or who shall be found guilty of violating any provisions of any agreement or order executed or issued within twelve months prior to such violation shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than ainety days, or both. § 4516. Action for Specific Performance; Commission to be a Party; Attorney General to Represent the Commission Compliance with an order of the Chairman or of an agreement executed by a respondent may be enforced by a civil action in the Court of Chancery to compel specific performance of the order or agreement. Such action shall be brought in the Court of Chancery to which an appeal could have been taken from the order or agreement. Action may be commenced at any time after the issuance of the order or execution of the agreement without regard to whether penal sanctions may also be invoked for violation of an order or agreement. In any action brought under this section the Commission shall be a party and shall be represented by the Attorney General. SEC. 2. Section 1501 of Title 24, Section 902 of Title 28, and Section 703 of Title 26, Delaware Code of 1953, and all laws or parts of laws inconsistent with the provisions of this act are hereby repealed insofar as such inconsistency does occur. SEC. 3. If any clause, sentence, paragraph or part of this Act or the application thereof to any person or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. STATE OF RHODE ISLAND & PROVIDENCE PLANTATIONS, Hon. WARREN G. MAGNUSON, EXECUTIVE CHAMBER, Providence, July 10, 1963. DEAR SENATOR MAGNUSON: Thank you for your letter of June 28 enclosing a copy of the proposed Public Accommodations Civil Rights bill. Rhode Island has had a public accommodations law administered by a Commission Against Discrimination since 1952. This act has worked successfully in Rhode Island. There has been noteworthy voluntary compliance with the law by the establishments covered by it. For example, during the last year some 14 complaints were filed with the Commission, but only 5 were found to be justified. These 5 complaints were conciliated by the Commission without the necessity of court action. In fact, the Commission has never been forced to resort to court action to enforce the law. I favor the enactment of a Federal public accommodations law. Such a law undoubtedly would prove to be of great assistance to racial minorities in those States that have not seen fit to enact similar legislation. However, I am troubled by section 3 of the proposed bill. It seems to me that a more precise definition of the establishments to be covered by this bill is necessary in order to give affected businesses notice of their coverage. Also I believe that the law would be more effective if it was required therein that a conciliatory process be followed before resort to the courts is made. This would serve to make litigation unnecessary in many instances and also encourage voluntary observance of the law. Such an approach has been successful in Rhode Island, and I feel certain it would also work at the Federal level of government. Very truly yours, JOHN H. CHAFEE, Governor. TENNESSEE EXECUTIVE CHAMBER, Hon. WARREN G. MAGNUSON, U.S. Senate, Commerce on Commerce, Washington, D.C. DEAR SENATOR MAGNUSON: I deeply appreciate your courtesy in sending me a copy of S. 1732, the public accommodations civil rights bill. I have followed the hearings on this measure with a great deal of interest, and I would appreciate having an opportunity to examine a transcript of the hearings when they are completed. Sincerely, FRANK G. CLEMENT. |