William O. Douglas

“ The Fourth Amendment, while concerned with official invasions of privacy through searches and seizures, is eloquent testimony of the sanctity of private premises. For even when the police enter private precincts they must, with rare exceptions, come armed with a warrant issued by a magistrate. ”

“ Jackson, supra, show that the day has passed when an innkeeper, carrier, housing developer, or retailer can draw a racial line, refuse service to some on account of color, and obtain the aid of a State in enforcing his personal bias by sending outlawed customers to prison or exacting fines from them.
Business, such as this restaurant, is still private property. ”

“ In our time the interdependence of people has greatly increased; the days of laissez faire have largely disappeared; men are more and more dependent on their neighbors for services as well as for housing and the other necessities of life. By enforcing this criminal mischief statute, invoked in the manner now before us, the Louisiana courts are denying some people access to the mainstream of our highly interdependent life solely because of their race. ”

“ The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional rights of those who use it.' Marsh v. ”

“ The present case would be on all fours with the earlier ones holding that a business may be regulated when it renders a service which 'has become of public interest' (German Alliance Ins. Co. v. Kansas, supra, 233 U.S. 408, 34 S.Ct. 617) if Louisiana had declared, as do some States, [4] that a business may not refuse service to a customer on account of race and the proprietor of the restaurant were charged with violating this statute. We should not await legislative action before declaring that state courts cannot enforce this type of segregation. ”

“ Restaurateurs and owners of other places of amusement and resort have never been subjected to the same duties as innkeepers and common carriers. [9] But, what is important is that this whole body of law was a response to the felt needs of the times that spawned it. ”

“ They may 'enter, examine, and inspect all grounds, structures, public buildings, and public places in execution of a warrant issued in accordance with the constitution and laws of Louisiana,' and 'arrest * * * all persons violating any rule or regulation of the board or any article or provision of the sanitary code * * *.' Penalties are provided for code violations. ”

“ A state-assisted enterprise serving the public does not escape its constitutional duty to serve all customers irrespective of race, even though its actual operation is in the hands of a lessee. Burton v. Wilmington Parking Authority, 365 U.S. 715, 81 S.Ct. 856, 6 L.Ed.2d 45. Cf. Boynton v. Virginia, 364 U.S. 454, 81 S.Ct. 182, 5 L.Ed.2d 206. State licensing and surveillance of a business serving the public also brings its service into the public domain. This restaurant needs a permit from Louisiana to operate ”