Hugo Black

“ This case arose out of a 'sit-in' demonstration which took place at Eckerd's Drug Store in Columbia, South Carolina. The petitioners, two Negro college students, went to the store, took seats in a booth in the restaurant department, and waited to be served. The store's policy was to sell to Negroes as well as whites in all departments except the restaurant. After petitioners sat down, a store employee put up a chain with a 'no trespassing' sign attached. Petitioners nevertheless continued to sit quietly in the booth. ”

“ In holding that the South Carolina statute forbids remaining after having been asked to leave as well as entry after notice not to do so, the South Carolina courts relied in part on the fact that it has long been accepted as the common law of that State that a person who enters upon the property of another by invitation becomes a trespasser if he refuses to leave when asked to do so. ”

“ United States Supreme Court
378 U.S. 347
Bouie v. City of Columbia
Argued: Oct. 14 and 15, 1963. --- Decided: June 22, 1964
Mr. Justice BLACK, with whom Mr. Justice HARLAN and Mr. Justice WHITE join, dissenting. ”