Georgia v. Rachel
Headline: Civil-rights protesters may move state trespass prosecutions to federal court when prosecutions conflict with the Civil Rights Act, easing relief for sit-in demonstrators if ejections were racially motivated.
Holding: The Court held that defendants may move state trespass prosecutions to federal court under the federal removal law (28 U.S.C. §1443(1)) when the Civil Rights Act protects equal access and prosecutions are racially motivated.
- Allows protesters to seek federal court to stop state prosecutions.
- Treats the Civil Rights Act as barring prosecutions for peaceful sit-ins.
- Requires a federal hearing to prove racial motive before dismissal.
Summary
Background
Thomas Rachel and 19 others were arrested in Atlanta in 1963 after attempting to be served at privately owned restaurants open to the public. They were charged under a Georgia trespass law for refusing to leave when ordered. The defendants asked to transfer their criminal cases to federal court under the federal removal law, arguing that prosecutions were used to enforce racial discrimination and thus conflicted with federal civil-rights law.
Reasoning
The Court reviewed the 1866-origin removal statute now codified as 28 U.S.C. §1443(1). That provision allows removal only when a defendant’s claim rests on a law providing specific equal-civil-rights protections and when it can be predicted that the defendant will be denied the right in state courts. The Court found the Civil Rights Act of 1964 plainly provides such an equality right and, in light of this Court’s earlier decision in Hamm v. City of Rock Hill, the Act bars prosecutions for peaceful attempts to obtain service. If the defendants can prove they were ordered out solely for racial reasons, then the prosecutions themselves deny the Act’s protection and removal is proper.
Real world impact
The decision requires a federal hearing on the removal allegations and allows federal courts to dismiss state trespass prosecutions when the Civil Rights Act immunizes the conduct. It does not automatically rule out state prosecution in all sit-in cases; the defendants must prove the racial motive and that the places were covered by the 1964 Act.
Dissents or concurrances
A separate opinion joined by three Justices emphasized that prosecution for asserting equal-access rights constitutes a denial under §1443(1) and supports removal when prosecutions target those civil-rights claims.
Opinions in this case:
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