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Ord G-237(08-56) E~!:i~(tEi.::'C-? O'i~DZi.UA',!CE ;;:0. 23?. Al! E.I?~CE~,!CY 0RD!'AANCE OF Ti~' CI~Z 0F D~L~:iAY BEACH, FLORIDA~ E~R~zo~C SAID CI~'S POLICE POh~R ~0 P'P.)~'i!T RIOTS tTI~H~i~ SAID CI~; FO~IBIDD~C Th~ CARRYIItC AUTHORIZIHC TH% SEARCHI~fG OF ALL Zt~DIV~UALS AI,~ ~HiC~S %; Ti~ PUBLIC PLACES OF SAID CI~ FOR DANGEROUS AUTHORIZI?,]'G T~ CO.~!FISCATZ0lf Ti~REOF AND PRESCRIBING ~':~'TERb~REi~CE ~'~ITH A!'~ POLICE O~ZCER '?rr'"':~;"'"~ a ~reat amount of tension exists in the City of Delray B~cn, Florida, over the use of the .~unicipal Beach and ~un~cipal ?~}1~ the City Co:~l~ission has been informed that an unusually laF~e number of residents of this City and nearby a~eas have recently purchased lar2e quantities of ~uns and ai~nunition, and ~i~:.~, persistent r~o~s have come to the attention of the City Cot~ission that trouble will soon break out on the l?unicipa~ Beach ~hich may lead to injury and death to the residents of this City, and -z~pv~,n an emerr:ency exists in the City of Delray Beach, _ , ........... -.~, ~ ~lorida due to the fact that no ordinance exists authorizing the stopping of all persons and vehicles within the City of De!ray Beach; the searching of same for the purpose of locating concealed weapons and the confiscation of such weaoons, and the Oity Comm~ission deems it necessary for the i~aediate preservation of public peace, property, health, morals and safety, that this ordinance be oassed as an emeri]ency ordinance, and '~'?r?~'°., ~.~.a..~,.~, Lhe ~.o5~eo of Florida has heretofore .granted ~nto the City of Del~ay Beach, Florida, 'police ~owers, which ~rant appears in the [unicima].. Charter at ~ oectton 7 (15), and .~?~:~,~S, the ot,~,te of Florida has the powem and authority to de!e.2ate such police powers to its municipalities by reason of the Constitution of the Gtate of Florida and the Constitut%on of the Uni'~;ed States of 7hmerica, in order to prevent strife and riots and to promote and preserve the health, safety and f~eneral welfare of all of the Citizens of Delray Beach, Florida, NO~~ ,,,T TtE.~ORE~~' n~ ~ " BY ViRTLrE OF %lie POLICE POWER G~%~T~D TO SA~ ~_~BY ORDAINED BY ~ CITY U~'~.:~!ooiO~,~ T~ CITY OF DELi'h~Y BEACH, FLOR~2, ~ FOLLOWS: Section 1. That no person other than a duly %ualified officer of the law shall, on the streets, alleys, sidewalks, parks~ beaches or other public places within the City of Delray Beach, Florida, during the interim of this emergency, carry either on his person or in any vehicle any dangerous We ~po~ ~ Section 2. The Chief of Police and the police officers of the City of Delray Beach, Florida, are hereby authorized to search any and all persons and vehicles who are upon the public places of the City of Delray Beach, Florida, as above set forth, and to confiscate and take from Zhem such dangerous weapons as may be found thereon or therein. Section 3 · For the purpose of enforcing this ordinance, the Chief of Police and the oolice oui~cers of the City of Delray Beach, Florida, are authorized to set up such road blocks as may be necessary in the opinion of the Chief of Police of this City for enforcing this ordinance. Section ~. The emergency as herein defined shall be deemed to exist until this ordinance is repealed by the 0ity Co~aission of the City of Delray Bea~, Florida. Section 5. ~ny person who shall violate this ordinance, upon confiscation thereof, shall be fined not more than ~. 509.00 or imprisoned in the City Jail or at hard labor upon the streets or other public works of the City not exceeding 60 days, or both such fine and impriso~aent. Section 6. This is an emergency ordinance and shall become effective ii',m~ediately unon its passage. rz~oo...~ ADOP~D in Special Session on this the day of ~ay, by petit~ the above nnmieipalit_y th~u~ its elected offieialz and agents ~.~eging oertaAn emiseive abu~ea whieh will heee~ be set fc~h and for their pru~e ~eot~y sutudt, C~ of Deln~ Beaeh, Flarida, ~eeiding within the eca~M~ate 1Amit~ of said CAt~. 2, That it fo~.~ow~ fX~ea the fm~go~ tha~ the petitione~ and all othea~ ila~l~ satiated are entitled to f~ee aad ua~eetrieted use of all p~blie faeilAtiee. 3, That the City of Delra~ 9eaeh, Fire-ida c~ns and ~ aa improved within the ~te liuito of the City of Delray Beaeh, Florida, the sam haviu~ been set aside fo~ public use. ~e That the petiticner~ ~ and othe~ oiuilar~ situated ~ole~y because of the~ ~ and anee, rtr~ have boen deaied the use of said beach and othe~ public faclli- %is~ get apa~ f~ lmblio ~M~atien~ that the City of Delra~ Beaeh has not permitted 5e Petitioners ~espeeti~lly u~ge that this action os the pe~t of the City of Delm~ ~ deprives tha~ aad othore alaila~V situated of the Equal Protection Law~ M ~aw~ateed by the Ceastitution of the ~mited States and the Cmstitution the State of Florida° ~EFORE, petitioners 8ulndt this plea in bona fides ~ that they be fl~ilrtod tmod~te and ~Post~leted use of the beach oenod and maintained by the Ci~ Petitione~ Fur~hor r~am~ a dtspooitive answer to this plea within & pe~Aod Res~ sullnitted, Dated at Delray Beach, Flea-ida this 25th day of Jaet~x~, AoDo l~S. The above is a trus and ooxTeet ~ of the original petition filed by one l~aneiseo A. R~f~,quos, 703 ~ison Street, ~am~a, Florida, with the City Camiosion during ~eg~la~ aogsion held on ~'~ 2~th, 195~, at the City IN THE UNDITED STATES DIST~{ICT COURT FOR T}~ SOUTHE~ DISTt~ICT OF FLORIDA OZIE YOUNGBLOOD, GFORGE S. McKAY, LEE MONROF~, L%.L. YODT;GBLOOD, LF2!.OY BAINE, ELMORF WATKINS, W.M.HERDWICK, CLINTON F~N AND JOSY.~H BALDWIN, Civil Action Plaintiffs 6091 M Civil VSe W. J. SNOW, AS Mayor of the City of Delrsy Beach, Florida~ a municipal cornoration, organized and existing under the laws of the State of Florida~ CATNrRINE STRONG, FT~ORY BA~HOW, W.C. ALLYN A~ GLEN~ SUNDRY, as City Commissioners of the City of Delray Beach, Fla. Defendants, COMPLAINT 1. (a) The Jurisdicition of this Court is invoked under Title 28, Untied States Code, Section 1331, this being an action which arises under the Consitituion of the Undited tares and the Fourtheenth Amendment of said Constitituiion and Title 8, United Stated Code, Section 41 and Z3 wherein the matter in controversey exceeds, e~clusive of in erest and costs, the sum of three thousand dollar~ (~3OOO.00). (b) The Jurisdiction of this Court is also invoked under Title 28, United States Code, Section 1343, this being an action authorized under law to be brought to redress the deprivation under color of law, statute, regulation, custom and usage of a state of rights, privileges and immunities sacured by the Constitution and the laws of the United States providing for the equal rights of citizens of the United States and of all persons within the Jurisdiction of the United States~ viz., Title 8, United States Code, Section 41 and 43. 2. Plaintiffs further show that this is a proceeding a declaratory Judge- ment and injunction under Title 28~ United States Code, Section 2201 and Section 2202, and Rule 57~ Rules of Civil Procedure for the District Courts of the United States for the purpose of determining a question in actual controversy between parties, to wi%! (a) The question, whether or not the policy, cue%em and ~ractice of defendants in denying, on account of color and race, to plaintiffs and other ~egro citizens similarly situated, rights and privileges of attend- ing and making use of the municipal beach and bathing facilities situated within the corporate limits of the City of Delr~y Be~ch, Florida and owned and operated by the City of Delray Beach, Florida in its corporate capaciSy and which is ~ade avei!able by said municipality for the use, comfort, convenience, enjoyment and pleasure of citizens and residents of ~aid City, said beach and bathing facilities offered to and constv, ntly used by ~hite persons is in violation of the equal protection clause of the Fourteenth Amendment to the Constitution of the United States. 3. Ail parties to this action are residents and citizens and domiciled in the City of Delray Be~ch, the State of Florida and the United States of America. 4. The olei~tiffs, Ozie Youngblood, Ceorge S. ~.~cKay, Lee ~onroe, ~. L. ¥oungblood, Leroy Baine, Elmore Watkins, W.M. Hardwicke, Clinton Freeman and .~oseph Baldwin are residents of the City of Delray Beach, Florida and the United Ststes of ~.merica. They are over the age of twenty-one (21) and are taxpayers of the City of Delray B~ach, Florida and citizens of The State of Florida and the United States of America. Ail of the plaintiffs are classified as Negroids under the laws of the State of Florida. DELRAY BEACH CIVIC LEA~JE May 26, 1956 TO: The Delray Beach Ci%y Commission We submi% es an alternative proposal, which we feel would be ~ccep%able %o the Negro citizens, %he following: 1o Will accep% beach if located between %he limi%s City of Delray ~sch and ~ce ~a%on. ~ of 500 feet. 2~ If ~he city is unable %o ~rchase ~ach site i~edia~e~ ly, ~hs~ ~hey lease land and make same available for use un~il purchase can ~ negotiated. ~ ~e i~ediate const~ction of the swiping pool a~ ~he place desi~na~edo 4. We s~rongly urge ~ha~ i~edia~e action ~ ~aken ~llav ~ension and unres~ ~ha~ now exists among ho~h groups in our co~uni~y ~ 5. We wsn~ i~ mede known ~ha% i~ is no~ our desire swim wi~h ~he whi~es as reflected in certain expressed opinions, r~her we wan~ a ~ach wi~h suitable faei!ities within the limits described a~ve~ 6~ I~ is no~ our desire ~o jeopardize ~he economy of Ci~w of Delrey ~ach ~ we strongly feel ~ha~ we should given ~be righ% ~o swim within %he limits descried a~ve. 7o We l~men~ ve~ much tha~ you, ~he Ci%y, found it neces- sary ~o pass Emergen~ Ordinance No. ~, however we wish assure ~he Co~ission ~ha% we have ~a~n every s%ep ~o preserve ~ace and barony ~hrough ~he following channels: Churches Schools ~siness Es~ablis~en~s All p~lic gatherings ~espec~fully yours ~ George $. ~,~cKay Wm. Hardwick O. Fo Youngblood Lo L° Youngblood Lens B~nne r J. Ac ~ldwin, Jro PRESS I~ELEAS ~. June 27, 1956 The proposals prinked by Miami Heraldon June 27 regarding promises made by ~,~ayor Yargates, Wo J. Snow and Emory Barrow to Negro Civic League and submitted by Coach Gather, Negro, of Florida A & M, representing himself as a personal repre- sentative of Governor Collins, was found unacceptable in its entirety. The Negro Civic League replied the next day with the alternate proposal which follows: DELRAY BFULCH C IVI C L~LG~IE We submit as &u alternate, ye ~reposal, which we feel would be accent- able te ~e Negro citizens, the !. Will accept beach if iecateA between ~he limits ef the City ef Delray E~ach and ~ca Rat~. ~ ef 500 feet~ If ~e tit2 i~ ,~abi, te purchase beach site i~elately~ ~a~ they lease lamd and ~ke ease available fer use ~tii purpose c~ be nege~lated~ ~e i~dia~e const~c~ion ~f ~ ewim~r~.ng peel a~ ~he ~lace des~ate~. 4. ~e atrer~ly urge that i~ediate action be taken te ~lay tenalea ~d ~st ~at now exists ~o~ beth groups in 5. We w~t it ~e ~o~ ~chat It le not o~ desire ~i~e as reflec~ in certai~ e~.~ressed epi~ems, ra~er ~t a beach wi~ euitabie facilities within the l~ts ~escri~ 6, it i~ not ~ d~ire te Jee~,ardize the ecenemy ~f ~ City ef ~lray ~ach but we atro~iy feel ~hat we sh.~ be glum ~i~ht te a~m wi~in ~e l~ts 4escribe4 abewe~ ~ ~ l~t very ~eh ~at yom, the City, fo~ it ~sa ~enoy ~inanoe ~e. ~ h~ver we ~ ~e aaa~ ~e O~i~al~ that we have t~en every step to preserve peace h~ny t~,~$ the fellow~ ch~ela: C~ ch · $ B~ools ~stne~s BL~ tabl is~ment~ Ail ~bllc ga~heri~s DELRAY BEACH CIVIC LgAGUE Set forth below our objections to the use of the 100 foot strip ef beach property, purchased by the City of Delray Beach in Ocean Ridge, as a. bathing beach: 1. Citizens of Ocean Ridge resent establishment of a Negro beach thereat to the extent that they threaten the safety of any Negro using it. 2. Police protection, offered by the City of Delr&y Beach, is inadequate in that it would necessitate around the clock patrol of the beach area, and would be illegal in that it is outside the city li..~uits ef Delray Beach. 3. The 100 foot strip of beach allotted for approximately 4000 Negroes is wholly inadequate. 4. Entrance to the beach area must be effected through two townships, both of which are against our using it aa a bathing beach. 5. Repeated attempts to use this beach have resulted in fear for our safety thereby causing tension, fl-ustration and unhappine s s. Our reply to the above follows, and Coach Gather of Florida A & I4 wi%h Professor Parks, History Teacher of Fla. A & ~, flatly refused to accept this for the Delray Beach Negro Civic League. We are !~ recc'[bt o~' y~m.rs of ~,{ay 26, i~56, wherein some of your group submitted as a~ ai~erna~,iv~ pro',~osa! to the praser~t i~iter-raclal conflict, that t. he ~ie~?oes of o~ir co~=:iu~ity should be provided with the fol' 1. Will accept beach .if lock, ted Oetwaen the limits of the City of Delray Beach a~;d Boca [~;,ton. ~imm~ oY ~.00 feet. 2. Ii' the city is unable t~ purchase Oeach si~,,e !zm~edfl~ rely, that they lease Land and ;~a~:e s~,ne :~va[iable For u~:e u:~til_ ~urchase can be negotiated. 3. The ism~edtate construction of t~e ~;wi,~,.l~l~,; icc! at t~e place designated. We atro~l~iy ur~.;e that iz~r~ediat..~ ~cti. on be ta?en :,o ~enslon and u~rest t~mt ~ow exlst~; amo~;~ both ~rouba ~; 5. '~fe wa!it [t ~de kno~ that It is not o~ir desire to swim the whites as reflected i:~ cart, ale expressed opinions, rather we want a beach witi~ suitable '.'acidities wlt:~in the limits described above.. 6. It is not our desire to Jeopardize the economy of the City of Delray Beach but ~'e ~trongly fee'[ t~mt we sr.o~lc oe give~: the right to sw~ within the limits de~crlbed above. 7. We l~ent very much zhat you, the ~ found it necessary to pass ~rge:~cy Ordinance No. 2~,6, however we wish to assure the Co~:lssion t~mt we have taken every step to preserve peace and harsmny throa~h the following channels: Churches Schools Business Esteblis~ents All publlc ~atherings Be advised that we appreciate you~ ?eelin~'~s as ex~reased the co.unique and our sympathies are for tlc establishment oF a be~ch located between t~e limits of the City of Delray .Beach, Florida, and the City of ~ca Raton, Florida, with a minlm~l footage of ~00 feet. ~{owever, the acquisition of such property Oy the City' of Delray Beach for this p~pose offers two problem. The first and more important of such proble~ are financial. The ~ity of De!ray Beaoh, at the present time, is not in such financial coati!rich that such a purchase would be ~ss!ble o~$ of funds on ~nd or antlcl[mted in th~ aear future. Further, we are advised by o~r m~uiel~l financial adviser~ Saat we are uaable float additional bonded indebtedness ~aleable on the ~nd to affo~ us wtta ~h~ neoes~ary f~ds for ~he ~e~e of muen ~condly, the present City Co~lasion of ~he City of Delray ~ach, Florida, feelm ~ It le unwi~ to ~ho~r the mole reeponslbili~ oF She p~ham~ of 500 fee~ of ~p~ed ~aeh pro~r~y since the only ~roved beach tract ~$ting She m~eifiemtlons ll~s ~thln the oer~te limits of other ~,uniei~lit[em ~d o~tslde the corporate limits 9f the City of ~lray ~ach, Florida, It would appear f~m much a ~~me t~t the City of ~l~y B~aoh ~s ~lll~ for that ~ mo$~ to ~se the co~lioa$ione an~ ~m~elatlon of property v'alues uoon outsiae co~unfzies and peoples. Therefore, we feel that the ~' ~ounty ando"rate should better be the medi,~ thro~?~ ~hich such ~oh property is acquired to eliminate hard fee~Ings We will, however, seek ~o .... ~ flr~ancial assist- anco from the Stnte of Florl~]a and through the Palm [~ach ~ounty ~ommission in an effort to afford the e:~tabiis[~.ent of a State P~rk along the ocean at a site deemed by such goverm~ental authorities as the proper !cea%ion, to affor~ -the negro citlzenr~ of th~ area with ocean swim,ming facilities. If your group, i~ oooper.~'tl~:~n with the City C~lssion of tha Cit[ of ~Iray ~ach, Florida, ere able to a~ee upon o~v and are fu~her able to agree on the sole met~ds ~th groaps will use in our endeavors to accomplish said goo!s, we will imm~edianel~ cO--ShOe construction of th~ negro swi~'~ing pool according to the plans and specifications ?resently on hand and In the place d~s ignat~d. ~ action of the City Co~maission or the City of Delray ~ach, Florida~ in co~n~otlon with several emergency ordinances was desired for the protection of both neg~ end w:~Ites alike and too are a~rleved t~mt l~ was and i~ necessary to ree;ulate th~ intermingll~ of the races within our co~uni~j and will strive to exercise our ut~st enmeavors to alleviate the acute inter-~cial ~ W ~ r~tlng this letter we are indulging in ~he that the s~gners of the communique presented to t~e City Co~isslon to be the oatstanding negro leaders in om~ coi~nity and as such, ~ request ~d insist upon your cooperation In sol~ing o~ p~bi~ ~nd c~r~ you wi~h the responsibility o~ orderly g~idin~ the ~p~la~ion of our co.unity and prevent them from ~r~a~l~ an imcid~nt ~% ~y result in in,er-racial riot and we ~ turn will atteapt ~o am~ tbs responsibility In controlling our whl~e oltime~ wit~ the ~.pe of achiewi~ an orderly and ~telligant solution ~o our probl~. Respectfully yours~ Affidavit of Pub|ication DELRAY BEACH NEWS Published Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before th eundersigned authority personally ~'~~~ appeared ~'-_~._2a'/''~a _/.¥: ~~~ ........................................................... PoWE~ that__a___is_.__~~~ ~ .... ~N~ A~O~ ~'~r0~'s~ v~cLm°X ~ r~sO~xv~.on who on oath says VID~A~AND VE~IC~ES IN TH~ PU~ of the Delray ............................................................ GE~W~ONS; AU~HOB~ Beach News, a weekly newspaper published at TH~,~NFISCATION THE~0F Delray Beach in Palm Beach County, Florida; iNTER~RENCE ~VITH ANY ~ PO~ that the attached copy of advertisement, being a O~XCER IN ENPORCINC THI$ OR~ .............. ~ ...... ............................ in the ............................................................... Court, was published in said newspaper in the issues of Affiant further says that the said Delray Beach News is a newspaper published at Dekay Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been con- tinuously published in said Palm Beach County, Florida, each '~h~~--e~red ~s second class mail matter at the post office in Delray Beach, in said Palm Beach County, Flor- ida, for a period of one year next preceding the first pub~eation of the attached copy of a~er- tisement; and affiant further says that ................~ has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. (SE~L) Notary Public Notary Public, State of Florida at Large My Commission Expires Oct 24, 1959.