Wednesday, July 10, 1963
Accommodations Law Is Discussed
A panel of three explored the
legality, the rightness, and the
wisdom of a public accommoda
tions law in Chapel Hill last
night.
The panel discussion was spon
sored by six local ministers,
Thomas Thrasher, DeWitt Myers,
•Loren Mead, Robert Seymour,
Vance Barron, and Charles
Jones. . ef[
Psychiatrist Dr. Robert Phil
lips and retired lawyer Marion
Wright spoke in favor of the
law. Barry Winston, a practic
ing attorney in Chapel Hill, took
the opposite stand. The audience
seemed to be almost exclusively
pro-accommodations lavy, and as
a result Mr. Winston was nearly
trampled in the rush of ques
tions that followed the panelists’
statements. He managed to hold
his ground in part by the simple
expedient of declining to answer
questions for which he had no
answers —a tactic rarely en
countered even at the height of
the Chapel Hill meeting season.
Mr. Winston stood alone because
a fourth panelist was urtable to
attend.
Considering the make-up of
the audience, it appeared safe
to say that few if any of the 100
or so people who attended left
Carroll Hall with changed minds.
But some light was shed on the
question, and little heat was gen
erated, which is exactly what
UNC Law School Dean Henry
Brandis, the moderator, pleaded
for at the outset.
“The first and the last, the
crucial question,” Dr. Phillips
began, “is to establish a prior
ity. W’e must establish what the
ultimate is: free enterprise, the
capitalistic system, the demo
cratic system, or the rightness
of things. I think the latter takes
priority.”
He followed his theory through
history: the Declaration of In
dependence, Franklin Delano
Roosevelt’s “Four Freedoms”
speech in 1941 (“This nation has
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The HUB of Chapel Hill
been quietly adjusting itself to
changing auditions without the
concentration camp”), and Pres
ident Kennedy the issues of the
racial question must be settled
first on moral grounds.
Dr. Phillips said the Consti
tution, the 'Bill of Rights, and
the Declaration of Independence
were “testaments to human
rights, not to property rights.’’
He quoted Blaekstone and Wal
ter Lippman on the. theory of
property, Herbert Hoover an
free enterprise, and compared
oppenent§ of a public accommo
dations law to infants who wish
to exercise “sole and despotic
dominion” (Blaekstone).
“In Chapel Hill today I think
. . . the right thing, the Amer
ican thing, is removing by law
the last vestige of racial in
equality. We can’t legislate mo
rality, but we can legislate jus
tice ... It seems" to me that
Chapel Hill is in a position not
only to pass this law, but
has no other recourse.” He said
that negotiations had been ex
hausted, and that "the scourge,
the cancer of discrimination can
only be removed through a pub
lic accommodations law.”
Mr. Wfig’nt centered his argu
ment on the necessity for cities to
have manners. He qvjpted Emer
son and ancient Greek writers
who aa v ised living in cities with
manners. “The questiol here is,
how does Chapel Hill score on
the manners test?” The whole
current racial conflict, he add
ed. had started when four young
Negroes walked into a Greens
boro drug store in 1960 and ask
for cup of coffee. “Greensboro
didn't do the right thing, the
kind thing, and say, pull up a
chair, sit down, have a cup of
coffee.” Instead, Mr. Wrisit
said, the Greensboro Coffee Par
ty might well rank in history
with the Boston Tea Party
though he would be content to
let the Maxwell House and Tet
ley Companies decide which was
the most important.
“When man stops being a Rob
inson Crusoe and starts living
with other humans, government
is a necessary arbiter, and when
ever the common good comes in
conflict with individual rights,
the common good should be con
sidered first.”
As to the legality of a public
accommodations 1 aw, Mr.
Wright pointed out that 32 states
end many municipalities in the
nation have such laws. “It comes
as something of a shock that at
this late date anybody should
question the of
public concern against
qf a man to refuse to serve peo
ple tedppe of the color of their
sdn. He said proprietors of busi
nesses were the “beneficiaries
a\ every turn" of government,
« quoted Supreme Court Jus-
Earl Warren's comment that
“the law floats in a sea of mor
als” the* law is constantly
tiding to bring itself into accord
with what men instinctively
think and feel is right.
Mr. Winston said mo precedent
for such a law bad ever been
sft in North Oarojma, though
decisions on public accommoda
tions laws had been matte else
where in the nation. He said that
in his opinion if the State passed
such-a.law it would be legal,
though he was not sure if the
Slate Supreme Court would up
hold such a law if passed by a
municipality.
“But 1 think it would be a
mistake for Chapel Hill to pass
a public accommodations law,
because I think it is neither
necessary nor wise.”
The law is not necessary, Mr.
Winston said, because desegre-
Sition in Chapel Hill had put
e town far ahead of other
towns in the State in racial
equality in 12 years without a
public accommodations law. “Be
tween (1991) and now nearly
every segregation barrier here
has fallen .
It is not, wise, Mr. Winston
said, because the question in
volved social change; because
most social change in this coun
try (“with a few outstanding ex
ceptions”) had been evolution
ary, not revolutionary; because
the former paramount position of
property rights, in the eyes of
courts, had changed in 30 years
to one of parity with human
rights; and because "the pro
posed ordinance would be a
great disservice to the tradi
tion of evolutionary social change
and would upset the balance of
human rights and property
rights.”
Mr. Winston said prejudice
could not be. legislated out'of
existence; that the enforceabil
ity of a public accommodations
law was problematical; and that
he had a “great regard for the
right of dissent, the right to be
wrong. Admittedly, that right
THE CHAPEI, HILL WEEKLY
now comes in conflict with hum
an rights. I don’t know the solu
tion, but 1 am satisfied in my
mind that a public accommoda
tions law is not the solution.”
Questions followed, all but a
very few of them highly challeng
ing and directed at Mr. Winston.
In answer to inquiry as to
what, he thought was the right
substitute for a public accom
modations law, Mr-. Winston said
frankly that he didn't "purport
to have' a satisfactory answer.
It seems to be that the demon
strations are within a reason
able distance of accomplishing
their goal, if one of the estab
lishments on West Franklin
Street never integrates, it’s a
moral wrong, but I really don’t
think it’s all that important, to
pass a public accommodations
law.”,
In answer to another question
on his statement about legislat
ing prejudice out of existence,
Mr. Winston said that while
prejudice could not be legislat
ed, morality could be and had
been. “Sex is a good example.”'
Voice: “Ob, really?"
Mr. Winston; “Well, not with
complete success . .
Father Parker Is
Camp’s Chaplain
The Reverend Clarence Park
er of Chapel Hill has been nam
ed Chaplain for the Easter Seal
Camp for Handicapped Children,
according to camp director Rob
ert Pace.
Father Parker, a priest of the
Episcopal Church, has been liv
ing in Chapel Hill since his re
tirement in 1951. He and Mrs.
Parker live at 143 East Rose
mary Street. They are well
known in Chapel Hill for their
active participation in commun
ity religious and civic affairs.
The Easter Seal Camp opens
Sunday, July 14, at Camp Syca
more of the William B. Umslead
State Park. Some fifty-two chil
dren from thirty-five counties
Will be in attendance. The camp
ing program is supported, as are
other Easter Seal programs, by
public contributions made to tl\e
Society.
—Taller Chapel Hill Buildings Probable
ners also presented their new
formula for the off-street park
ing requirements and height re
strictions of the Central Business
District.
Mr. Darnell and his architects
said the building was actually a
hotel rawer than a motel, and
their parking allowances exceed
ed present off-street parking re
quirements for hotels The pres
ent zoning regulations require one
space for each three rooms in
hotels, one space per room for
motels. The Planners’ new pro
posals would make no distinction
between motels and hotels, and
would also require additional
space if a restaurant were in
carporatod into the building.
“With its planned use this will
be a hotel rather than a motel,”
Mr. Darnell said, “and the func
tion of the restaurant will be to
serve tfte transient occupants of
the hotel primarily." He said it
would be economically imprac
tical and physically impossible to
meet the Planners’ proposed one.
for-one parking ratio for hotels
abd the oue-for-fovr ratio for
the restaurant as well.
"Each parking space we in
stall is costing ns roughly $800,”
he said. Ho adjacent land is
available to provide overflow
parking. The planners are rec
opimending also {hat off-street
parking must be within 400 feet
of the business it serves.
Although questions about the
new hotel centered on its parking
facilities, other issues were rais
ed.
Planning Board member R. D.
Smith asked Mr. Darnell, “Will
the new hotel be an integrated
facility?”
“That has not been determin
ed. That will be decided by the
management and the people of
Chapel Hill,” Mr. Darnell re
planning Board Chairman Ross
Scroggs said the Planners had
no objection to increasing the
height restrictions for downtown
buildings. However, the Board
did fed that no distinction in
off-street parking requirements
should be made between hotels
and motels.
Construction of the hotel could
proceed under the present height
restrictions, but the fifth floor
could not be constructed. Mr.
Darnell said the company was
at thfe lime without amie indi
entiott that the rwrtrwfoti*would
be raised and that a satisfactory
resolution at the parking require
ment! could bt reached. Inter
lude Investor* wfll construct tba
motel under present restrictions
if thy rmait bn raised, but
W eight-story building with no
assmnee iffit the height limit
m&ssz&mbFS
moM not be justified, he said.
Board Corrects
* .
Some Oversights
The Board of Aldermen got
around to correcting oversets
in appointments to Town posts
•Monday night, but not before As
sistant Recorder's Court Judge
(Robert Midgette and Tax Col
lector Dave Roberts had served in
their respective positions with
out clear mandate for about a
week.
The Aldermen, in appointing
Mr. Midgette end Mr. Roberts,
noted they had neglected to make
their appointments at their last
meeting. Both had continued in
office, however.
Mr. Roberts said the Aider
men’s failure to make the ap
pointments at the beginning of
this fiscal year did not mean
that either he or Mr. Midgette
had actually been in office il
legally. “There is a certain lee
way there,” he said. Both are
now duly appointed, and no
prospect for refund of taxes col
lected by Mr. Roberts or rescen
sion of judgments rendered by
Mr. Midgette during the week
can be hoped for.
The Aldermen also passed
Planning Board recommenda
tions that” a combination pre
liminary and final plat of a sub
division on Airport Road owned
by A. W. Ray be approved, and
accepted a minor amendment to
the zoning ordinance covering
parking requirements.
In other business the Aider
men:
—Deferred action on re-ap
pqintments to the Recreation
Commission until Town attorney
J. Q. LeGrand can study the
legality of appointing members
who live the corporate
limits of ChapeWtttt.
—Called a special public hear
ing for July 23 on issuance of
SBO,OOO in town revenue bonds
for purposes of constructing off
street parking on two lots on
East Rosemary Street, immedi
ately behind the main business
district.
—Accepted the low bid of
$2,177.42 from Yates Motor Co.
for a new police patrol car.
—Approved a Planning Con
tract wi|h the North Carolina De
partment of and
Development.
(Continued from Page 1)
Realtors John Foushee and
John Allen Cates also spoke in
favor of increasing height re
strictions and in favor of the
one-zone central business district
plan the Planners are offering.
The one-zone plan will come be
fore a special public hearing
sometime in August.
“I would like to see the height,
raised to ninety feet,” Mr. Fou
shee said. “If this height is per
mitted on the University cam
pus, we ought to be able to do
it downtown.”
“No one can justify the value
of property on Franklin Street
without being able to go up at
least ninety feet,” Mr. Cates
said. “There are very few if
any modem offices in this town,
and the present restriction is re
sponsible for this; the only way
to meet progress is to increase
the permitted height. You can’t
overcome the basic cost of your
land without going up.”
Roy Martin, chairman of the
Planning Board’s zoning commit
tee, read the committee’s report
on height and off-street parking
for the Central Business District.
If the recommendations are adop
ted, the new hotel would have
to install a minimum of 178 park
nig places. The builders have
planned 128 spaces.
The Aldermen referred the
matter to the Planning Board for
recommendations. After recom
mendations from the Planning
Board the Aldermen may at any
time lift the restrictions or con
firm them as they are at present.
The second item scheduled for
public hearing concerned Plan
ning Board recommendations on
amending the zoning ordinance as
it pertains to non-conforming uses
of land, non - conforming struc
tures and non-conforming uses of
structures and premises. That
section of the zoning ordinance
did not distinguish clearly be
tween non-conforming uses and
non-conforming buildings or the
non-conforming use of conform
ing buildings. The amendments
are hoped to clarify the distinc
tion, and to eliminate certain non
conformities presently in exist
ence within the Planning area.
Specifically the amendments
would;
—Force owners of small non
conforming structi’-"e represent
ing a small investment either to
bring them into conformity or
raze them within a reasonable
period of time. Where there is
“substantial” investment Invol
ved in the building or in cost of
bringing it into conformity, it
will be permitted to remain with
certain restrictions, until remov
ed, or abandoned.
* —Place a one-year limit on
uses of land which will be rend
ered non-conforming by amend
ment to the ordinance, specifical
ly junk yfrds and land fills for
which no special use permit has
been obtained.
—Permit continued operation of
Mass ‘Civil Disobedience’
♦
: * \
Workshops Are Planned
The Committee for Open Bus
iness has begun organizing on
a “crash basis':' a series of train
ing workshops for “massive non
violent civil disobedience in
Chapel Hill.”
The civil disobedience training
program is one. of the major
changes in tactics announced by
the Committee following a meet
ing of its executive committee
on Sunday.
The executive committee said
the training workshops, schedul
ed to begin this week, “will
train citizens of varying age
groups in the philosophy and
practice of all forms of non
violent civil disobedience.” The
executive committee said it also
had taken steps to provide legal
and financial aid necessary to
support civil disobedience.
The executive committee ap
proved a four-point program for
accelerated action in the face of
“continued segregation in thir
teen local businesses and the
failure of the Town's Board of
Aldermen to vote approval of
the equal services law."
Besides the civil disobedience
workshops, the Committee is
planning a "massive demonstra
tion of at least 600 persons in
downtown Chapel Hill • during
maximum business hours this
coming Saturday." A goal of up
to r 1,000 persons in future dem
oastrations also was announced.
Another part of the four-point
program commended the sug
gestion of George Coxhead that
a . new committee of business
men begin negotiations to per
suade those remaining segregat
ed business to lower their
racial bars. The executive com
mittee asked that it be given a
report of progress in such ne
gotiations by the time Os its
next meeting, at 5 p.m. next
Sunday, Bastille Day.
The' remainder of the four
point program is a canvass of
the University campus and the
community for signatures of at
least I*ooo registered voters who
support a public accommodations
law. The signatures will be pre
sented to the Board of Alder-
trailer courts and use of mobile
homes if they were located on
their sites before January 9, 1961,
provided the owners apply for a
special use permit and comply
with regulations governing oper
ation of trailer courts and mobile
homes.
—Permit continued use of non
conforming structures under the
definition of the amended ord
inance, provided they are not en
larged or altered in such fashion
that its non-conformity is in
creased; that it shall not be re
placed if over 60 per cent de
stroyed; that it shall conform if
moved to a new site.
—Require removal of non-con
forming signs on non-conforming
structures and non-conforming
signs on conforming structures
within one year of the effective
date of this amendment.
—Set a five-year deadline for
the cessation of non-conforming
use of conforming buildings.
—Limit repairs on non-con
forming buildings to a period of
twelve consecutive months, pro
vided the repairs do not alter
the basic building or exceed tey
per cent of the replacement
cost ( of the building.
The proposed amendments
were referred back to the Plan
ning Board as a rriatter of pro
cedure.
The third item for public hear
ing, an ordinance governing
utility transmission lines within
the Planning Area, was also a
Planning Board recommenda
tion. If enacted, the ordinance
would prohibit further transmis
sion lines anywhere within the
planning area, unless installed
underground, or in presently
existing rights-of-way. If fur
ther above-ground transmission
lines ere built on these rights-of
way a separate building permit
will be required for each tower
or pole. Gas transmission facili
ties are also regulated.
No restrictions are placed on
utility distribution lines, includ
ing electric lines, telephone lines,
water end sewerage lines. Any
line above 15,000 volts will be
classified as a transmission line.
Die proposed ordinance was
drawn after attempts by Duke
Power Co. to construct a 110,000-
volt above-ground transmission
line through the Morgen Creek
area. The Duke bid was defeat
,.ed early this year.
The proposed ordinance was
referred unanimously back to
the Planning Board for its
recommendation, but opposition
from some Aldermen is expected
when it comes up for enactment.
PRE-REGISTERS
James Comstock Dunlap, the
son of Mr. and Mrs. Ralph L.
Dunlap of Chape] Hill, has com
pleted pre-registration at the
University for classes beginning
next fall.
Editorial comment on 4-C
’r * * „ >• -win,' w
men. The Committee said it al
so plans to "publish and keep
before the public eye prior to
city elections in two years the
voting record of each Alderman
in any vote in any way related
to the public accommodations
law.”
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era ted program, the Committee
expressed concern at the increase
in traffic violations during dem
onstrations, and praised Police
Chief William Bleke ; and his
men for “their fairness and ob
jectivity in carrying out their
police duties during the march
es."
The executive committee’s ac
tions were announced in a press
release sent to news media and
to the Board of Aldermen.
Page 5