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Birmingham Bar Association Spring 2014

at 193 n.62. 10 Cortner, supra note 2, at 87-88. 11 Elizabeth Black, Mr. Justice and Mrs. Black: The Memoirs of Hugo L. Black and Elizabeth Black at 89-90 (Random House 1986). 12 Ghannam, supra note 3 at 48. Smith apparently knew that he had lost the case during oral argument in the Supreme Court and told Ollie McClung, Sr. (who had attended the argument incognito) that the case was lost based on a single question from Justice Black. See Cortner, supra note 2, at 186. 13 379 U.S. 241 (1964). 14 Cortner, supra note 2, at 186 15 Birmingham News, Dec. 15, 1964, p. 10. 16 Birmingham News, December 14, 1964, p.1. 17 Cortner, supra note 2, at 186- 187. 18 Time, Dec. 25, 1964; Newsweek 64 (December 28, 1964) pp. 16-19. The Heart of Atlanta Motel and McClung Cases, (University Press of Kansas 2001). In addition, the trial court record and the appellate briefs are available in Archibald Cox, et al., Katzenbach v. McClung: U.S. Supreme Court Transcript of Record with Supporting Pleadings (Making of Modern Law 2011). There is also an excellent interview with Ollie McClung, Jr. recorded in 1975. (The University of Alabama at Birmingham Oral History Collection, Ollie McClung, Jr. Interview, (Nov. 5, 1975) (available at http://oh.mhsl.uab.edu/om/)). 3 Jeffrey Ghannam, “Serving Up Civil Rights” 87 ABA J 44, 45 (Feb. 2001). 4 Id. at 49. 5 Cortner, supra note 2, at 119, 127. 6 Michael Durham, “Ollie McClung’s Big Decision” Life (Oct. 9, 1964). 7 See Cortner, supra note 2 at 65-66; See also Ghannam, supra note 3 at 49. 8 Ollie McClung, Jr. Interview, supra note 2 at 20-21. 9 Lange, Simpson spent $15,000 on the case. The Birmingham Restaurant Association paid them $8,248.65 and Ollie McClung, Sr. paid them another $250. Of the unpaid balance, Robert Smith would later write: “We never attached any further significance to that. We expected to be paid by the BRA, and never expected to make any money out of the case – even at 1964 rates.” Cortner, supra note 2, Although the Supreme Court’s decision did not surprise Robert Smith, it apparently “shocked” Ollie McClung, Sr. Asked immediately upon learning of the decision whether Ollie’s would now serve black customers on the premises, Mc- Clung told the Birmingham News: “We have made no decision as to what we’ll do or whether we’ll change our operation. We will work on it with our attorneys.” Not surprisingly, after conferring with Smith, the McClungs announced the next day that Ollie’s would immediately desegregate. The day after that, December 16, 1964, a party of five blacks entered Ollie’s and were seated and served in the restaurant’s dining room without incident. One of the black patrons said later that “everything was lovely. Lovely.” G 1 379 U.S. 294, 85 S.Ct. 377 (1964). 2 This article is based on a number of sources, primarily Professor Richard C. Cortner’s Civil Rights and Public Accommodations: Contributor Barry A. Ragsdale BUILDING ON 50 YEARS OF SERVICE TO THE LEGAL COMMUNITY. The aba retirement funds program is proud to celebrate its 50th year of providing comprehensive and affordable retirement plans exclusively to the legal community. Your membership has made the Program a success. Thank You. Find out what thousands of Program member firms already know about saving for retirement. Contact Todd Harrell at the ABA Retirement Funds Program today! (205) 428-7547 I Todd.Harrell@abaretirement.com www.abaretirement.com The Program is available through the Alabama State Bar as a member benefit. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, and is not a recommendation of any security. Securities offered through ING Financial Advisers, LLC (Member SIPC). The ABA Retirement Funds Program and ING Financial Advisers, LLC, are separate, unaffiliated companies and are not responsible for one another’s products and services. CN0311-8581-0415 Birmingham Bar Bulletin/ Spring 2014 19


Birmingham Bar Association Spring 2014
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