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.

 

Have You Heard of Milwaukee Springs?

Milwaukee Springs was a segregated African-American recreational area operating northwest of Gainesville in Alachua County at least as early as 1940. During World War II, white and African-American leaders alike had high hopes it would be turned into a health and recreation facility for African-American soldiers stationed at Camp Blanding and elsewhere.

Taken by photographer Charles Foster, this is the only image Florida Memory has of Milwaukee Springs, a segregated recreational area for African-Americans in Alachua County.  Documentary evidence suggests it was located northwest of Gainesville (circa 1940).

Taken by photographer Charles Foster, this is the only photograph Florida Memory has of Milwaukee Springs, a segregated recreational area for African-Americans in Alachua County. Documentary evidence suggests it was located northwest of Gainesville (circa 1940).

One of the earliest references to Milwaukee Springs comes from a biennial report of the Florida Fresh Water Fish and Game Commission published in 1940, which briefly notes that the commission’s game technician had participated in a wildlife camp for African-American boys held at this location.

The site surfaces again in the paper trail during World War II. As war clouds threatened during the months before Pearl Harbor, the state government and local communities organized defense councils to coordinate preparations for the U.S. to enter the conflict.  With Jim Crow in full force throughout Florida at this time, communities frequently used separate organizations to coordinate the wartime efforts of African-American civilians, with their leaders keeping in close contact with their white counterparts for the sake of cooperation.

One of several posters contained in the papers of the State Defense Council of Florida, which helped organize communities across the state to meet the needs of the war effort during World War II (circa 1942).

One of several posters contained in the papers of the State Defense Council of Florida, which helped organize communities across the state to meet the needs of the war effort during World War II (circa 1942).

Managing and rationing supplies and manpower were critical, of course, but these defense councils also planned for recreation, for civilians and soldiers alike.  A number of African-American leaders were concerned that troops of their race had too few options for recreational activities, which was bad for morale. A group of local Alachua County citizens led by Charles Chestnut, president of the Colored Businessmen’s Association of Gainesville and chairman of a local African-American civil defense organization, proposed that Milwaukee Springs be converted into a facility to provide African-American soldiers with a place to relax during their time away from Camp Blanding or other nearby military posts.

Excerpt from the minutes of a meeting of the Negro Coordinating Committee on National Defense held in Tampa, December 17, 1941.

Excerpt from the minutes of a meeting of the Negro Coordinating Committee on National Defense held in Tampa, December 17, 1941 (Series 419 – Papers of the State Defense Council, Box 33, State Archives of Florida)

Chestnut’s proposal won the endorsement of local Alachua County representative Samuel Wyche Getzen, and together these men called on Mary McLeod Bethune of the federal Office of Negro Affairs and Executive Secretary James White of the NAACP for help in getting the federal government involved.

Samuel W. Getzen (second from left) with his family upon the unveiling of his portrait in the chamber of the Florida House of Representatives.  Getzen had been the Speaker of the Florida House in 1929.  Photo dated 1959.

Samuel W. Getzen (second from left) with his family upon the unveiling of his portrait in the chamber of the Florida House of Representatives. Getzen had been the Speaker of the Florida House in 1929. Photo dated 1959.

Photo of Mary McLeod Bethune in front of White Hall on the Bethune-Cookman College campus.  The photo is believed to have been taken around the time Bethune was serving as the Director of the Office of Negro Affairs in President Franklin D. Roosevelt's administration (circa 1940s).

Photo of Mary McLeod Bethune in front of White Hall on the Bethune-Cookman College campus. The photo is believed to have been taken around the time Bethune was serving as the Director of the Office of Negro Affairs in President Franklin D. Roosevelt’s administration (circa 1940s).

Although the Federal Security Administration appears to have visited the site to consider the project’s worthiness, and a public hearing was held to discuss the matter in early 1942, it is unclear whether Milwaukee Springs ever became the center of African-American health and recreation its sponsors had hoped for.  In fact, aside from a few references in the documents of Florida’s State Defense Council and the papers of the NAACP, very little else exists to document the site.

If you or someone you know has more information about Milwaukee Springs, we’d love to know about it.  Contact us using our web feedback form, and mention this blog post in the subject line.

 

LeRoy Collins and the Brown Decision

Saturday, May 17th marks the 60th anniversary of the landmark decision of the United State Supreme Court in the case of Brown vs. Board of Education of Topeka, Kansas. The unanimous ruling overturned the Court’s 1896 decision in Plessy vs. Ferguson, which had served as the legal basis for Jim Crow segregation in public facilities across the South, especially in the public schools. The court argued that “separate educational facilities are inherently unequal,” and that African American children attending segregated schools were deprived of equal protection under the Fourteenth Amendment to the Constitution.

Headline from the Tallahassee Democrat reporting the Supreme Court's decision in the Brown case (May 17, 1954).

Headline from the Tallahassee Democrat reporting the Supreme Court’s decision in the Brown case (May 17, 1954).

Most elected officials in Florida, as in other Southern states, recoiled from the Supreme Court’s decision and explored their options for keeping Jim Crow firmly in place. The state first responded by asking the Supreme Court to stay its ruling while it studied the potential effects of desegregation with the help of social scientists.

Governor LeRoy Collins in his library at "The Grove" in Tallahassee. "The Grove," built around 1840 by Florida's territorial governor Richard Keith Call, is currently being restored and repurposed as a museum by the Florida Department of State, Division of Historical Resources (1954).

Governor LeRoy Collins in his library at “The Grove” in Tallahassee. “The Grove,” built around 1840 by Florida’s territorial governor Richard Keith Call, is currently being restored and repurposed as a museum by the Florida Department of State, Division of Historical Resources (1954).

Governor LeRoy Collins, who took office in January 1955, faced a difficult situation. On the one hand, he recognized that extremism on the segregation issue could cost Florida in terms of tourism and business growth. On the other hand, state legislators favoring complete retention of Jim Crow without compromise were powerful and vocal. Collins attempted to chart a middle course that would preserve school segregation while also retaining Florida’s image as a progressive state. In 1957, he asked the Legislature to approve a committee on race relations that would help maintain domestic order and improve living standards for African Americans. Florida lawmakers responded by passing a resolution alleging that the U.S. Supreme Court had overstepped its mandate in ruling school segregation illegal. The resolution called on the State (in essence, Collins) to “interpose its powers between its people and the effort of the said Court to assert an unlawful dominion over them.” The full text of the resolution is available as part of our Significant Documents exhibit.

First page of the Florida Legislature's

First page of the Florida Legislature’s “interposition” resolution (May 1957).

Collins was infuriated by the measure because it was exactly the kind of extreme reaction he feared would hurt Florida in the long run. Because the legislation was merely a resolution and not a bill designed to become law, the governor could not veto it. He did, however, have the opportunity to sign the resolution when it came to his office as a matter of procedure. In place of his signature, Collins filled the middle of the page with a lengthy and dramatic protest against the resolution, calling it an “evil thing, whipped up by the demagogues and carried on the hot and erratic winds of passion, prejudice, and hysteria.”

The final page of the Florida Legislature's

The final page of the Florida Legislature’s “interposition” resolution, with Governor Collins’ protest written around the space for his signature (May 1957).

The full text of Governor Collins’ statement:

This concurrent resolution of ‘Interposition’ crosses the Governor’s desk as a matter of routine. I have no authority to veto it. I take this means however to advise the student of government, who may examine this document in the archives of the state in the years to come that the Governor of Florida expressed open and vigorous opposition thereto. I feel that the U. S. Supreme Court has improperly usurped powers reserved to the states under the constitution. I have joined in protesting such and in seeking legal means of avoidance. But if this resolution declaring the decisions of the court to be ‘null and void’ is to be taken seriously, it is anarchy and rebellion against the nation which must remain ‘indivisible under God’ if it is to survive. Not only will I not condone ‘interposition’ as so many have sought me to do, I decry it as an evil thing, whipped up by the demagogues and carried on the hot and erratic winds of passion, prejudice, and hysteria. If history judges me right this day, I want it known that I did my best to avert this blot. If I am judged wrong, then here in my own handwriting and over my signature is the proof of guilt to support my conviction.

Although Collins’ statement captured a great deal of attention, the Legislature was unmoved. In the same session, it passed a law allowing schools to be closed in the event the federal government used force to desegregate them. Florida’s public schools remained almost completely segregated until after 1960.
Teachers, for information on how to use the resources of Florida Memory pertaining to the Civil Rights Movement in your classroom, visit our Black History Month resource page and the Civil Rights Movement in Florida learning unit.

 

Butler Beach and Jim Crow

Millions of visitors and locals alike enjoy Florida’s beaches every year, along with the public facilities built to enhance them. That privilege was restricted for many years, however, by Jim Crow laws that prohibited African-Americans from sharing those beaches with their fellow citizens who were white. In some areas, public authorities provided separate beaches designated for use by African-Americans, such as Miami’s Virginia Beach, shown below.

A woman stands by the sign for Virginia Beach in Miami, which was designated for African-American use only. The sign had been blown down in a recent storm (1950).

A woman stands by the sign for Virginia Beach in Miami, which was designated for African-American use only. The sign had been blown down in a recent storm (1950).

Elsewhere, private individuals took the initiative. African-American businessman Frank B. Butler responded to beach segregation in northeast Florida by purchasing and opening his own beach on Anastasia Island.

An interior view of the Palace Market in the predominantly African-American Lincolnville district of St. Augustine.  Owner Frank B. Butler stands at right (circa 1930s).

An interior view of the Palace Market in the predominantly African-American Lincolnville district of St. Augustine. Owner Frank B. Butler stands at right (circa 1930s).

Butler, who owned the Palace Market in the Lincolnville district of St. Augustine, began buying land on Anastasia Island in 1927.  Over time, he developed a residential subdivision, casino, motel, and beach resort for African-Americans.  By 1948, at least eleven African-American-owned businesses operated in the area, and “Butler Beach” was a thriving tourist attraction.  This was reputedly the only beach between Jacksonville and Daytona that African-Americans were allowed to use.  These photos depict Butler Beach at the height of its popularity in the 1950s.

Cars pack the parking area at Butler Beach, as visitors enjoy a sunny day on Florida's Atlantic coast (circa 1950s).

Cars pack the parking area at Butler Beach, as visitors enjoy a sunny day on Florida’s Atlantic coast (circa 1950s).

Visitors pose in front of the bath house at Butler Beach on Anastasia Island (circa 1950s).

Visitors pose in front of the bath house at Butler Beach on Anastasia Island (circa 1950s).

The lifeguard station at Butler Beach (circa 1950s).

The lifeguard station at Butler Beach (circa 1950s).

Later, Butler Beach was operated by the Florida Park Service.  Eventually, St. Johns County took over the park, which it still operates today for the enjoyment of all citizens (circa 1960s).

Later, Butler Beach was operated by the Florida Park Service. Eventually, St. Johns County took over the park, which it still operates today for the enjoyment of all citizens (circa 1960s).

 

Teachers, you may find our Black History Month resource guide to be helpful when planning for lessons about civil rights, Jim Crow segregation, or other aspects of the African-American experience in the United States.

 

The Tallahassee Bus Boycott Begins (May 1956)

On May 26, 1956, two female students from Florida Agricultural and Mechanical University (FAMU), Wilhelmina Jakes and Carrie Patterson, sat down in the “whites only” section of a segregated bus in the city of Tallahassee. When they refused to move to the “colored” section at the rear of the bus, the driver pulled into a service station and called the police. Tallahassee police arrested Jakes and Patterson and charged them with “placing themselves in a position to incite a riot.”

In the days immediately following these arrests, students at FAMU organized a campus-wide boycott of city buses. Their collective stand against segregation set an example that propelled like-minded Tallahassee citizens into action. Soon, news of the boycott spread throughout the community.

Reverend C. K. Steele at the Bethel Missionary Baptist Church, Tallahassee, January 3, 1957

Reverend C. K. Steele at the Bethel Missionary Baptist Church, Tallahassee, January 3, 1957

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