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Sullivan v. Little Hunting Park, Inc.

396 U.S 229, 90 S. Ct. 400, 24 L. Ed. 2d 386 (1969)

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Sullivan v. Little Hunting Park, Inc.

United States Supreme Court
396 U.S 229, 90 S. Ct. 400, 24 L. Ed. 2d 386 (1969)

Facts

Little Hunting Park, Inc. (company) (defendant) was a corporation that operated a community park and playground in Fairfax County, Virginia. The company sold membership shares, available to any White resident of the area, that allowed the resident and his immediate family members to use the company’s facilities. A homeowner who rented his home was permitted to assign his membership share to his tenant, subject to approval by the company’s board of directors. Paul E. Sullivan (plaintiff) owned two homes in Fairfax County. Sullivan and his family lived in one home, and he leased the other home to T. R. Freeman, Jr. (plaintiff), a Black man. Sullivan purchased a membership share from the company for each of the homes, and he assigned one of the shares to Freeman pursuant to the terms of the lease. The company refused to approve the assignment because of Freeman’s race. Sullivan protested, and the company refunded the money he had paid for both of his shares and expelled him. Sullivan and Freeman sued the company pursuant to 42 U.S.C. § 1982. The trial court found for the company, reasoning that it operated a private social club. Sullivan and Freeman appealed, and the Virginia Supreme Court of Appeals denied the appeals. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

Dissent (Harlan, J.)

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