Richard Ervin and the Gradualist Approach to Desegregation

On May 12, 1955, Florida Attorney General Richard Ervin submitted an amicus curiae brief to the United States Supreme Court proposing a gradual approach to school integration. The court had just recently ruled in the case of Brown v. Board of Education in May 1954 that racially segregated schools were unconstitutional.

Headline in the Tallahassee Democrat, the day the U.S. Supreme court issued its opinion that separate schools were inherently unequal and therefore unconstitutional (17 May 1954). State Archives of Florida, Florida Memory.

Headline in the Tallahassee Democrat, the day the U.S. Supreme court issued its opinion that separate schools were inherently unequal and therefore unconstitutional (17 May 1954). State Archives of Florida, Florida Memory.

The court chose to shelve the case for a year, citing a need for further study on how best to implement the decision. Sensing an opportunity to preserve segregation, acting Florida Governor Charley Johns enlisted the expertise of Attorney General Ervin, State Superintendent of Education Thomas D. Bailey, and Florida State University sociologist Lewis Killian to compile a report outlining the “practical problems involved [with desegregation] and recommendations” for implementation.  The Florida Cabinet approved a $10, 000 budget for the study, which began in the summer of 1954.  Killian began by seeking the opinions of elected officials, journalists, educators, and police chiefs on the subject. Approximately 8,000 surveys reached a biracial sample of community leaders, with a total response rate of fifty one percent.

Atty. Gen. Richard Ervin (left), with Rep. Ben Hill Griffin of Polk County (right). Griffin was chairman of a committee devising legislation allowing parents to withdraw their children from integrated schools  (1959). State Archives of Florida, Florida Memory

Atty. Gen. Richard Ervin (left), with Rep. Ben Hill Griffin of Polk County (right). Griffin was chairman of a committee devising legislation allowing parents to withdraw their children from integrated schools (1959). State Archives of Florida, Florida Memory

The responses from African-Americans revealed several prevalent fears associated with desegregating Florida’s public schools, including “withdrawal of white children from the public schools, the maintenance of discipline in mixed classes by Negro [sic.] teachers, refusal to employ Negro teachers for mixed schools, and difficulty in obtaining white teachers” as the “outstanding potential problems found to be expected.” White responses emphasized similar concerns over such matters as maintaining discipline in mixed classrooms, questionable cooperation of white parents, and violent outbreaks.  In a telling statistic, seventy-five percent of African-American participants supported the Brown ruling and believe the majority of whites did also.  In contrast, a similar percentage of whites thought blacks largely supported segregation. Armed with Killian’s results, Attorney General Ervin made a strong case for gradualism. After a year of delay, the United States Supreme Court reconvened in spring 1955 to clarify the federal enforcement of desegregation in a session aptly nicknamed Brown II.  The court considered the research of ten states regarding school desegregation, lauding Attorney General Ervin’s brief as a particularly strong resource. On May 31, 1955, after much deliberation, the justices handed down their decision.  The court mandated that compliance with the Brown decision should occur with “a prompt and reasonable start,” carried out with “all deliberate speed.”  The vague language coupled with Ervin’s push for gradualism foreshadowed the long battle for school desegregation in post-Brown Florida.

The slow pace of social change in Florida prompted many African-Americans to take action. In the above picture, dated 1962, young men and women stand outside the Florida Theatre in Tallahassee, calling on white America to reevaluate racial segregation. Eight years after the Brown decree only a handful of school districts in Florida were desegregated. Miami-Dade was the first in 1959. State Archives of Florida, Florida Memory.

The slow pace of social change in Florida prompted many African-Americans to take action. In the above picture, dated 1962, young men and women stand outside the Florida Theatre in Tallahassee, calling on white America to reevaluate racial segregation. Eight years after the Brown decree only a handful of school districts in Florida were desegregated. Miami-Dade was the first in 1959. State Archives of Florida, Florida Memory.

 

 

Virgil Hawkins and the Fight to Integrate the University of Florida Law School

On May 13, 1949, a forty-three year old man from Lake County named Virgil Darnell Hawkins received a letter from the University of Florida Law School rejecting his application because he was African-American.  Hawkins refused to accept the prejudiced decision without a fight, and promptly filed a lawsuit against the Florida Board of Control in 1950. His legal battle would carry on for nine years, laying the foundation for integrating graduate and professional schools in Florida.

Portrait of Virgil Darnell Hawkins (circa 1960s).

Portrait of Virgil Darnell Hawkins (circa 1960s).

Despite the larger civil rights victory, Hawkins emerged from the ordeal partially defeated as he never gained admission to the institution he considered “one of the finest law schools in the country.” The case of Virgil Hawkins v. Board of Control brought Florida into the national school desegregation conversation, serving as an antecedent to the Brown v. Board of Education ruling. Furthermore, Hawkins’ ordeal underscores the tenacity with which segregation advocates fought the drive for an integrated university system, some even going so far as to suggest that such a change would incite “public mischief.”

College of Law buildings at the University of Florida (circa 1950s).

College of Law buildings at the University of Florida (circa 1950s).

Before Virgil Hawkins took his stand, there was no law school for African-Americans in Florida. Rather than fund a separate institution in Florida or permit African-Americans to attend an existing school with whites, the state instituted a law in 1945 to provide scholarships for select African-American students to study at segregated law schools outside the state. When Virgil Hawkins refused to accept that alternative, the Board of Control approved plans to open a segregated law school at Florida A&M College. By 1950, the U.S. Supreme Court had ruled on two related cases, Sweatt v. Painter and McLaurin v. Oklahoma, professing the inherent inequality of segregated graduate institutions. Despite these rulings, the Florida court still refused to admit Hawkins, and would continue to refuse even after the so-called Brown II decree issued by the Supreme Court in 1955 to clarify the original Brown decision. Hawkins persisted in his fight against the state’s segregationist position, but more challenges were on the way. In 1958, the Board of Control established a new minimum score on the law school entry exam for incoming students, setting the admission threshold fifty points above Hawkins’ 1956 score. As a result, Hawkins was officially denied not because of his race, but rather because he was disqualified by the new rules regarding test scores.  Later that summer, federal district judge Dozier DeVane mandated that all qualified applicants be admitted to graduate and professional schools in Florida regardless of race.

Judge Dozier DeVane, who ruled that qualified applicants had to be admitted to law and graduate programs regardless of race, stands at right in this photo, along with Harrold G. Carswell (center) and an unknown man at left (1953).

Judge Dozier DeVane, who ruled that qualified applicants had to be admitted to law and graduate programs regardless of race, stands at right in this photo, along with Harrold G. Carswell (center) and an unknown man at left (1953).

Nine years after the initial integration suit, African-American veteran George H. Starke, not Virgil Hawkins, enrolled at the University of Florida Law School in September 1958 without incident. As for Virgil Hawkins, he eventually received his law degree in New England, and was admitted to the Florida Bar in 1977. He resigned in 1985 following complaints about his practice.

Virgil D. Hawkins speaks with supporters while on recess during his disciplinary case before the Florida Supreme Court (1983).

Virgil D. Hawkins speaks with supporters while on recess during his disciplinary case before the Florida Supreme Court (1983).

Virgil Hawkins’ case is an excellent example of how the Civil Rights Movement played out in the courtrooms of Florida as much as it did at lunch counters, public beaches, and city buses. The legal battles fought by Hawkins and others laid the groundwork for an integrated education system for all of Florida.

Florida proudly joins the rest of the United States in celebrating the 50th anniversary of the Civil Rights Act of 1964 and the 60th anniversary of the landmark Supreme Court decision in the case of Brown vs. Board of Education of Topeka, Kansas. For more information about events commemorating the Civil Rights Movement, see our Events Calendar.

 

Florida Reacts to the Assassination of Dr. Martin Luther King, Jr. (April 4, 1968)

Civil Rights leader Dr. Martin Luther King, Jr. was assassinated by gunshot on April 4, 1968 as he stood on the balcony of a motel in Memphis, Tennessee. The reaction across the United States was a mixture of disbelief, grief, and at times violent anger. Tensions boiled over in scores of U.S. cities such as Baltimore, Chicago, Kansas City, and Washington, D.C. as young people took to the streets to vent their frustration at the untimely death of one of the era’s greatest forces for peaceful change.

Reactions to King’s death were just as passionate in Florida, where memorials, demonstrations, and rioting took place in several cities across the state. Police in Pensacola, Tallahassee, Gainesville, Fort Pierce, Pompano Beach, Tampa, and Jacksonville reported widespread rioting and the use of Molotov cocktails to firebomb businesses and residences owned by whites. At least one fatality resulted from these activities in Tallahassee, where one man aged 19 died when a firebomb was thrown into his family’s grocery store.

Local and state officials moved quickly to restore order. The city of Gainesville instituted a curfew shortly after news of the assassination broke out, requiring everyone except emergency personnel to remain off the streets between 11pm and 6am. In Gainesville and Tallahassee, law enforcement temporarily closed liquor stores, bars, and gas stations. Governor Claude Kirk met with state law enforcement officials to plan a statewide strategy for maintaining the peace, and kept in close contact with local sheriffs and police.

Organizations both inside and outside of the government encouraged the public to remain calm and avoid any further violence. Governor Kirk asked that all flags flown on public buildings in the state be flown at half mast for two days, and in a press release he called on Dr. King’s followers and admirers to live by King’s example and seek nonviolent solutions for their grievances. George Gore, president of Florida A&M University in Tallahassee, closed the campus for a weeklong “cooling off” period following the assassination. The Florida Conference of the National Association for the Advancement of Colored People (NAACP) released a statement calling for Floridians to observe the day of King’s funeral (April 9th) as a “time of sober reflection” rather than demonstration.

Although anguish and disillusionment over the death of one of the Civil Rights Movement’s foremost leaders would remain potent long after these events, the most dramatic reactions ended by the middle of April 1968. Rumors circulated that Governor Kirk would call a special session of the Legislature to discuss the crisis, but this proved unnecessary. The brief period of unrest in Florida that followed Dr. King’s untimely death has been captured in a number of documents and photographs, some of which are shown below.

Governor Claude Kirk meets with state law enforcement officials to discuss a response to the unrest following Dr. Martin Luther King's assassination.

Governor Claude Kirk meets with state law enforcement officials to discuss a response to the unrest following Dr. Martin Luther King’s assassination.

Crow's Grocery Store, located at 1902 Lake Bradford Road in Tallahassee, Florida, was damaged when a Molotov cocktail firebomb was thrown inside during the unrest following Dr. King's death. Travis Crow, age 19, died of suffocation before he could escape the building.

This photo from the Tallahassee Fire Department Collection depicts one of the casualties of the reaction that followed Dr. King’s assassination. Crow’s Grocery Store, located at 1902 Lake Bradford Road in Tallahassee, Florida, was damaged when a Molotov cocktail firebomb was thrown inside. Travis Crow, age 19, died of suffocation before he could escape the building.

This Associated Press news summary describes some of the typical stories emerging from the widespread reaction to Dr. King's assassination.

This Associated Press news summary describes some of the typical stories emerging from the aftermath of Dr. King’s assassination.

The Florida Photographic Collection contains more images depicting Dr. Martin Luther King, his activities in Florida over the years, and the efforts of Floridians across the state to honor his memory.

Teachers and students may also find the Black History Month resources of our Online Classroom helpful, as well as our learning unit entitled The Civil Rights Movement in Florida.

Tallahassee CORE Flier (July 1963)

In commemoration of Black History Month, this series highlights African-American history in Florida.

The Congress of Racial Equality (CORE) formed in 1942 with the purpose of challenging segregation laws in the United States through non-violent protest and civil disobedience.

CORE played a central role in several of the largest peaceful integration campaigns during the Civil Rights Movement, including Freedom Rides from the 1940s to the 1960s, the March on Washington in August 1963, the Mississippi Freedom Summer of 1964, and numerous sit-in demonstrations throughout the United States in the 1960s.

CORE leadership in Tallahassee created this flier in July 1963 (click thumbnails below for larger images). It summarizes the accomplishments of the movement in Tallahassee and the ongoing efforts by activists to defeat segregation in Florida’s capital city.

Tallahassee CORE pamphlet page 1

Reproduced in the flier is a telegram written by local CORE chairperson Patricia Stephens Due to President John F. Kennedy. Due asked the president to stop federal grants from funding St. Augustine’s 400th anniversary celebration.

Due wrote that government support for these events would amount to a “celebration of 400 years of slavery and segregation.” Other prominent civil rights leaders, including Dr. Martin Luther King Jr., raised similar concerns that the celebrations planned for St. Augustine in 1964 would marginalize the African-American role in Florida’s colonial history.

Tallahassee CORE pamphlet page 2

Two months before this flier appeared, over 200 student demonstrators, mostly from Florida A&M University, were arrested for picketing in front of segregated theaters in downtown Tallahassee. The flier also notes the latest campaign against pool segregation, and that Priscilla Stephens, sister of Patricia Stephens Due, had been arrested for attempting to integrate a city pool.

The Stephens sisters organized the first Tallahassee chapter of CORE in 1959. Throughout the early 1960s they played a prominent role as organizers, participants, and spokespeople for the movement.

Read more »

First Tallahassee Sit-In (February 13, 1960)

In commemoration of Black History Month, this series of blog posts highlights African-American history in Florida.

On February 13, 1960, Patricia Stephens (later Due), and other local CORE members held the first of several sit-ins at department store lunch counters in downtown Tallahassee.

First Tallahassee civil rights sit-in, February 13, 1960

First Tallahassee civil rights sit-in, February 13, 1960

On February 20, students from Florida A&M University (FAMU) and Florida State University (FSU) held another, larger sit-in at the Woolworth’s lunch counter in downtown Tallahassee. When they refused to leave, 11 were arrested and charged with “disturbing the peace by engaging in riotous conduct and assembly to the disturbance of the public tranquility.” Several of the students chose “jail over bail” and remained in police custody while their story circulated around the country and garnered additional support for the movement.

In the months and years that followed, additional demonstrations and picketing took place at downtown stores and theaters in Tallahassee and elsewhere in Florida. The participants in these events were the “Foot Soldiers for Change” who worked tirelessly to defeat segregation in the United States.

To learn more, see Glenda Alice Rabby, The Pain and the Promise: The Struggle for Civil Rights in Tallahassee, Florida (University of Georgia Press, 1999).

Civil Rights Photo Exhibit

In commemoration of Black History Month, this series of blog posts highlights African-American history in Florida.

Floridians played a prominent role in the long struggle for civil rights. Visit our online photo exhibit to learn more about important events and individuals in the Civil Rights Movement in Florida.

NAACP march on the Capitol, Tallahassee, early 1960s

NAACP march on the Capitol, Tallahassee, early 1960s

 

Civil Rights Exhibit at the State Archives

Stop by the lobby of the R.A. Gray Building (500 South Bronough Street) in Tallahassee during the month of February to see our photographic exhibit: “Images of the Civil Rights Movement in Tallahassee, 1956-1963.”

Presented in recognition of Black History Month, and in commemoration of the 50th anniversary of the Civil Rights Act, the images featured in the exhibit honor only a few of the many events and individuals critical to the Civil Rights Movement in Tallahassee.

Sit-In at Woolworth’s lunch counter (February 13, 1960)

Sit-In at Woolworth’s lunch counter (February 13, 1960)

The above photograph shows the first of several sit-ins held at department stores in downtown Tallahassee. Seated and wearing dark glasses is prominent activist and local Congress of Racial Equality (CORE) organizer Patricia Stephens (later Due).

Patricia Stephens (later Due) being arrested by Tallahassee Police (May 30, 1963)

Patricia Stephens (later Due) being arrested by Tallahassee Police (May 30, 1963)

The above photograph was taken on the day Tallahassee Police arrested 260 FAMU students for protesting in front of the segregated Florida Theater.

Martin Luther King and St. Augustine, 1964

People in the United States and around the world celebrate the life and legacy of Dr. Martin Luther King Jr.

King played a prominent role in organizing the Civil Rights Movement in the South. His most important contributions to the struggle in Florida occurred in St. Augustine in the summer of 1964.

On June 11, 1964, Dr. King and several other activists were arrested for attempting to integrate the Monson Motor Lodge. When interviewed during his brief incarceration, King pledged to challenge segregation in St. Augustine “even if it takes all summer.”

Martin Luther King in St. Augustine, X, 1964

Martin Luther King in St. Augustine, June 12, 1964

Dan R. Warren, State Attorney for the Seventh Judicial Circuit, convened a Grand Jury to hear King’s perspective on the situation in the Ancient City. The photograph above shows Dr. King in the backseat of a highway patrol car with a police dog moments after he testified before the Grand Jury about segregation in St. Augustine, a city he referred to as the “most segregated” in America.

Quotes attributed to King appear in Dan R. Warren, If It Takes All Summer: Martin Luther King, the KKK, and States’ Rights in St. Augustine, 1964 (University of Alabama, 2008), 95.

Tallahassee-Leon County Civil Rights Heritage Walk

Earlier this week, the City of Tallahassee unveiled a commemorative sidewalk that recognizes the pivotal role played by Tallahassee and Leon County residents in the Civil Rights Movement.

The artistic sidewalk, located at the intersection of Monroe and Jefferson Streets in downtown Tallahassee, is appropriately placed near the site of many dramatic moments during the struggle for civil rights in Florida’s capital city.

The photographs below captured some of those events and the daring individuals who challenged segregation and changed history.

Reverend C. K. Steele (left) and Reverend Daniel Speed protesting segregated seating on city buses, December 24, 1956

Reverend C. K. Steele (left) and Reverend Daniel Speed protesting segregated seating on city buses, December 24, 1956

 

Northeast corner of Adams and Jefferson Streets during the McCrory's and Woolworth's sit-ins, March 12, 1960

Northeast corner of Adams and Jefferson Streets during the McCrory’s and Woolworth’s sit-ins, March 12, 1960

 

FAMU students protesting the arrest of sit-in participants, March 12, 1960

FAMU students protesting the arrest of sit-in participants, March 12, 1960

 

Sit-in at Woolworth's lunch counter, March 13, 1960

Sit-in at Woolworth’s lunch counter, March 13, 1960

 

Demonstrators outside of a segregated theater, 1962

Demonstrators outside of a segregated theater, 1962

 

Demonstrators outside of a segregated theater, 1962

Demonstrators outside of a segregated theater, 1962

 

Demonstration in front of a segregated theater, 1963

Demonstration in front of a segregated theater, 1963

 

FAMU students arrested for protesting at segregated theaters, March 31, 1963

FAMU students arrested for protesting at segregated theaters, March 31, 1963

These eight photographs tell only a small part of the story. To learn more, see The Civil Rights Movement in Florida (online learning unit); Tananarive Due and Patricia Stephens Due, Freedom in the Family: A Mother-Daughter Memoir of the Fight for Civil Rights (New York: Ballantine Books, 2003); Glenda Alice Rabby, The Pain and the Promise, The Struggle for Civil Rights in Tallahassee, Florida (Athens: University of Georgia Press, 1999).

A. Philip Randolph and the March on Washington

Florida native A. Philip Randolph helped initiate and direct the March on Washington in August 1963.

A. Philip Randolph, ca. 1940

A. Philip Randolph, ca. 1940

Asa Philip Randolph (1889-1979), the first president of the Brotherhood of Sleeping Car Porters, was born in Crescent City, Florida, and grew up in Jacksonville. The son of a Methodist minister, he attended the City College of New York and later published The Messenger, a radical black magazine. As a result of his efforts, the 1937 contract between the Brotherhood of Sleeping Car Porters and the Pullman Company cut working hours, increased pay, and improved working conditions. Randolph was also a major factor in ending discrimination in defense plants and segregation in the U.S. military.

Brotherhood of Sleeping Car Porters convention in Washington, D.C., 1950s. Membership included African-American porters and maids who worked on the railway trains.

Brotherhood of Sleeping Car Porters convention in Washington, D.C., 1950s. Membership included African-American porters and maids who worked on the railway trains.

Fifty years ago this summer, Randolph helped initiate and direct the March on Washington – the largest civil rights demonstration in American history. Randolph first called for a demonstration at the U.S. Capitol in 1941 to protest employment discrimination. He played an instrumental role in the months leading up to the 1963 demonstration as the elder statesman of the “Big Six,” which included Martin Luther King Jr. and other leaders from the largest civil rights organizations in the U.S. Randolph helped unite the various groups behind the common message of jobs and freedom.

Connect with the ‘Let Freedom Ring’ commemoration on Facebook at http://officialmlkdream50.com/ or on Twitter @DCMARCHMLK50.

Learn more about the Civil Rights Movement in Florida.