See U. These are 'sit-in' cases that came here from the highest courts of South Carolina and Arkansas, respectively. Each of those courts affirmed convictions based upon state trespass statutes against petitioners, who are Negroes, for participating in 'sit-in' demonstrations in the luncheon facilities of retail stores in their respective States. We granted certiorari in each of the cases, U. The petitioners asserted both in the state courts and here the denial of rights, privileges, and immunities secured by the Fourteenth Amendment ; in addition, they claim here that the Civil Rights Act of , 78 Stat.
In No. After making purchases in other parts of the store, they proceeded to the lunch counter and sought service. It was refused. The manager asked the petitioner and his associate to leave and when they refused he called the police.
Code of Laws, making it an offense for anyone to enter a place of business after having been warned not to do so or to refuse to leave immediately after having entered therein.
Petitioner's companion died subsequently. Lupper v. Arkansas, No. The group went to the mezzanine tearoom of the store at the busy luncheon hour, seated themselves and requested service which was refused.
Within a few minutes the group, including petitioners, was advised that Blass reserved the right to refuse service to anyone and was not prepared to serve them at that time.
