Hugo Black

“ While these Florida regulations do not directly and expressly forbid restaurants to serve both white and colored people together, they certainly embody a state policy putting burdens upon any restaurant which serves oth races, burdens bound to discourage the serving of the two races together. ”

“ At that time, however, there existed another Greenville ordinance which made it unlawful for restaurants to serve meals to white persons and colored persons in the same room or at the same table or counter. In Peterson the city argued that the manager's refusal to serve Negroes was based on his own personal preference, which did not amount to 'state action' forbidden by the Fourteenth Amendment. But we held that the case must be decided on the basis of what the ordinance required people to do, not on the basis of what the manager wanted to do. ”

“ In the present case, when appellants were arrested and tried the Florida Board of Health had in effect a regulation, adopted under 'authority of the Florida Legislature' and applicable to restaurants, which provided that 'where colored persons are employed or accommodated' separate toilet and lavatory rooms must be provided. ”