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Jones v. Alfred H. Mayer Co

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Bloomberg Law

Citation. 392 U.S. 409,88 S. Ct. 2186,20 L. Ed. 2d 1189,1968 U.S.

Brief Fact Summary. The Supreme Court of the United States (Supreme Court) held that 42 U.S.C. Section:1982 bars all racial discrimination in the sale or rental of property and thereby reversed the lower federal courts dismissal of the Petitioners’ Joseph Jones and others (Petitioners), complaint filed in response to Respondent, Alfred H. Mayer’s (Respondent), refusal to sell Petitioners a home based on their race.

Synopsis of Rule of Law. 42 U.S.C. Section:1982 bars all racial discrimination, private as well as public, in sale or rental of property. The statute is a valid exercise of the power of Congress to enforce the Thirteenth Amendment.


Facts. Petitioners filed a complaint arguing that Respondent had refused to sell them a home for the sole reason that Petitioner is black. Relying in part on Section:1982, Petitioner sought injunctive and other relief. The lower federal courts dismissed the complaint, concluding that Section:1982 applies only to state action and does not reach to private refusals to sell.

Issue. Whether 42 U.S.C. Section:1982 bars all racial discrimination, private as well as public, in sale or rental of property?
Whether Congress has the power to do what Section:1982 purports to do, which is to prohibit all racial discrimination, private as well as public, in sale or rental of property?

Content Type: Brief


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