The
following is an excerpt from the original city ordinances for the city
of Birmingham. The ordinances are posted in the Institute's Barriers Gallery.
SECTION 369.
SEPARATION OF RACES.
It shall be unlawful to conduct a restaurant or other place for the serving
of food in the city, at which white and colored people are served in the
same room, unless such white and colored persons are effectually separated
by a solid partition extending from the floor upward to a distance of
seven feet or higher, and unless a separate entrance from the street is
provided for each compartment.
SECTION 597.
NEGROES AND WHITE PERSONS NOT TO PLAY TOGETHER.
It shall be unlawful for a negro and a white person to play together
or in company with each other in any game of cards or dice, dominoes or
checkers.
Any person,
who being the owner, proprietor or keeper or superintendent, of any tavern,
inn, restaurant or other public house or public place, or the clerk, servant
or employee or such owner, proprietor, keeper or superintendent, knowingly
permits a negro and a white person to play together or in company with
each other at any game with cards, dice, dominoes or checkers, in his
house or on his premises shall, on conviction, be punished as provided
in section 4.
ORDINANCE
798-F
An
Ordinance To Amend Section 597 Of The General Code Of The City Of Birmingham
Of 1944.
Be It
Ordained by the Commission of the City of Birmingham that Section 597
of the General Code of the City of Birmingham of 1944 be, and said section
is, amended so as to read as follows:
S.E.C.
597 Negroes and White Persons Not To Play Together
It shall be unlawful for a Negro and a white person to play together or
in company with each other in any game of cards, dice, dominoes, checkers,
baseball, softball, football, basketball or similar games.
Any person, who being the owner, proprietor or keeper or superintendent
of any tavern, inn, restaurant, ballfield, stadium or other public house
or public place, or the clerk, servant or employee of such owner, proprietor,
keeper, or superintendent, knowingly permits a Negro and a white person
to play together or in company with each other, at any game with a baseball,
softball, basketball or other ball, in his house or on his premises or
in a house or on premises under his charge, supervision or control, shall,
on conviction, be punished as provided in Section 4.
Approved
Sept. 19, 1950 A true copy,
Eunice S. Hewes, City Clerk Post-Herald, Sept 21, 1950
SECTION
359. SEPARATION OF RACES.
(a) It shall be unlawful for any person in charge or control of any room,
hall, theatre, picture house, auditorium, yard, court, ballpark, public
park, or other indoor or outdoor place, to which both white persons and
negroes are admitted, to cause, permit or allow therein or thereon any
theatrical performance, picture exhibition, speech, or educational or
entertainment program of any kind whatsoever, unless such room, hall,
theatre, picture house, auditorium, yard, court, ball park, or other place,
has entrances, exits and seating or standing sections set aside for and
assigned to the use of white persons, and other entrances, exits and seating
or standing sections set aside for and assigned to the use of negroes,unless
the entrances, exits and seating or standing sections set aside for and
assigned to the use of white persons are distinctly separated from those
set aside for and assigned to the use of negroes, by well defined physical
barriers, and unless the members of each race are effectively restricted
and confined to the sections set aside for and assigned to the use of
such race.
(b)
It shall be unlawful for any member of one race to use or occupy any entrance,
exit or seating or standing section set aside for and assigned to the
use of members of the other race.
SECTION 939. SEPARATION OF RACES.
It shall be unlawful for a negro and a white person to play together or
in company with each other at any game of pool or billiards.
Any person, who, being the owner, proprietor or in charge of any poolroom,
pooltable, billiard room or billiard table, knowingly permits a negro
and a white person to play together or in company with each other at any
game of pool or billiards on his premises shall, upon conviction, be punished
as provided in section 4.
SECTION
1002. SEPARATION OF RACES.
Every common carrier engaged in operation streetcars in the city for the
carriage of passengers shall provide equal but separate accomodations
for the white and colored races by providing separate cars or by clearly
indicating or designating by physical visible marks the area to be occupied
by each race in any streetcar in which the two races are permitted to
be carried together and by confining each race to occupancy of the area
of such streetcar so set apart for it.
Every common carrier engaged in operating streetcars in the city for the
carrying of passengers shall provide for each car used for white and colored
passengers, separate entrances and exits to and from such cars in such
manner as to prevent intermingling of the white and colored passengers
when entering or leaving such car, but this provision for separate entrances
and exits shall not apply to the cars operated on the following lines:
The South Highlands, Idlewild and Rugby Highland lines or routes.
It shall be unlawful for any such common carrier to operate or cause or
allow to be operated, or for any servant, employee or agent of any such
common carrier to aid in operating for the carriage of white or colored
passengers, any streetcar not equipped as provided in this section. And
it shall be unlawful for any person, contrary to the provisions of this
section providing for equal and separate accomodations for the white and
colored races on streetcars, to ride or attempt to ride in a car or a
division of a car designated for the race to which such person does not
belong.
Failure to comply with this section shall be deemed a misdemeanor.
SECTION 1413. SEPARATION OF RACES.
Every owner or operator of any jitney, bus or taxicab in the city shall
provide equal but separate accommodations for the white and colored races
by dividing separate vehicles or by clearly indicating or designating
by visible markers the area to be occupied by each race in any vehicle
in which the two races are permitted to be carried together and by confining
each race to occupancy of the area of such vehicle so set apart for it.It
shall be unlawful for any person to operate or cause or allow to be operated
or to aid in operating for the carriage of white and colored passengers
any vehicle not equipped as provided in this section. And it shall be
unlawful for any person, contrary to the provisions of this section providing
for equal and separate accommodations for the white and colored races,
to ride or attempt to ride in a vehicle or a division of a vehicle designated
for the race to which such person does not belong.
Failure to comply with this section shall be deemed a misdemeanor.
STATE
OF ALABAMA )
JEFFERSON
COUNTY )
I, Eunice
S. Hewes, City Clerk of the City of Birmingham, do hereby certify that
the above are true and correct copies of Sections 369, 597, 859, 939,
1002, 1413 of the 1944 Code of Birmingham.GIVEN UNDER MY HAND AND CORPORATE
SEAL of the City of Birmingham, this the 25th day of May, 1951.
City
Clerk
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