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or other club facility or service, or from using the license issued
to them to do so, on any discriminatory basis whatsoever."
At this point, I should like to quote, with the permission of the private
club to which it was addressed, the opinion of eminent mainland counsel covering
the public accommodations sections of the Virgin Islands Civil Rights Law:
"The Legislature of the Virgin Islands has an unqualified and profound
responsibility to see to it that business and commerce are carried on
in the Islands free from discrimination. Goods and services, as well
as employment and use of public accommodations, must be made
equally available to all without regard to race, color, creed or origin.
The business techniques of buying and selling commodities, of charging
fees for services and leasing property are mere tools of convenience
to a private social club, but they are the essential ingredients of our
business and commercial economy under a free enterprise system.
"It is true that no interference with Civil Rights would result from
the use of these business techniques by a bona fide private club.
However, the use of a so-called 'private club' as a guise or subterfuge
for violating civil rights is easily discernible where, for example,
the membership is virtually a public one and its membership
limitations stem primarily from discriminatory considerations.
"It is crystal clear that Title 10 is strictly a police measure aimed
at insuring against the use of the private club as such a guise or
subterfuge, by prohibiting the use of business techniques altogether.
From a constitutional point of view it is, therefore, entirely
warranted as a police measure aimed at insuring members of the public
their right to buy and sell in the market place and enjoy the pleasure
of resorts and places of amusement without the illegal restraints of
discriminatory practices.
"We cannot find in the law any devious legislative intent to abolish
private clubs as such or to prevent the serving of food and beverages, etc.
In fact, in the face of the unqualified express intent of the Legislature
to the contrary, a charge to that effect is virtually tantamount to an
accusation of bad faith on the part of the Legislature.
"Such a charge of bad faith against the Legislature would have to
assume
Document source description
October 1963 memo on blacks appointed to positions in the Ohio state government.
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"ocrText": "- 6 -\nor other club facility or service, or from using the license issued\nto them to do so, on any discriminatory basis whatsoever.\"\nAt this point, I should like to quote, with the permission of the private\nclub to which it was addressed, the opinion of eminent mainland counsel covering\nthe public accommodations sections of the Virgin Islands Civil Rights Law:\n\"The Legislature of the Virgin Islands has an unqualified and profound\nresponsibility to see to it that business and commerce are carried on\nin the Islands free from discrimination. Goods and services, as well\nas employment and use of public accommodations, must be made\nequally available to all without regard to race, color, creed or origin.\nThe business techniques of buying and selling commodities, of charging\nfees for services and leasing property are mere tools of convenience\nto a private social club, but they are the essential ingredients of our\nbusiness and commercial economy under a free enterprise system.\n\"It is true that no interference with Civil Rights would result from\nthe use of these business techniques by a bona fide private club.\nHowever, the use of a so-called 'private club' as a guise or subterfuge\nfor violating civil rights is easily discernible where, for example,\nthe membership is virtually a public one and its membership\nlimitations stem primarily from discriminatory considerations.\n\"It is crystal clear that Title 10 is strictly a police measure aimed\nat insuring against the use of the private club as such a guise or\nsubterfuge, by prohibiting the use of business techniques altogether.\nFrom a constitutional point of view it is, therefore, entirely\nwarranted as a police measure aimed at insuring members of the public\ntheir right to buy and sell in the market place and enjoy the pleasure\nof resorts and places of amusement without the illegal restraints of\ndiscriminatory practices.\n\"We cannot find in the law any devious legislative intent to abolish\nprivate clubs as such or to prevent the serving of food and beverages, etc.\nIn fact, in the face of the unqualified express intent of the Legislature\nto the contrary, a charge to that effect is virtually tantamount to an\naccusation of bad faith on the part of the Legislature.\n\"Such a charge of bad faith against the Legislature would have to\nassume"
}