6 март 1885 г. - Tape vs. Hurley

Описание:

Joseph and Mary Tape sue San Francisco school board to enroll their Chinese daughter Mamie in a public school.

In 1884, Mamie, then eight years old, was denied admission to the Spring Valley School, because of her Chinese ancestry. Her parents sued the San Francisco Board of Education. They argued that the school board's decision was a violation of the California Political Code, which stated:

Every school, unless otherwise provided by law, must be open for the admission of all children between six and twenty-one years of age residing in the district; and the board of trustees, or city board of education, have power to admit adults and children not residing in the district, whenever good reasons exist therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases.

In response, the Tape family provided medical documents proving that Mamie Tape had a clean bill of health, but the school board did not alter their argument.

On January 9, 1885, Superior Court Justice McGuire handed down the decision in favor of the Tapes. On appeal, the California Supreme Court upheld the decision.

He wrote that "To deny a child, born of Chinese parents in this state, entrance to the public schools would be a violation of the law of the state and the Constitution of the United States."

In response to the ruling, Mary Tape sent an incensed letter to the San Francisco school board expressing her outrage:

"May you Mr. Moulder, never be persecuted like the way you have persecuted little Mamie Tape. is it a disgrace to be Born a Chinese? Didn't God make us all!!! What right! Have you to bar my children out of the school because she is a chinese Descend. Mamie Tape will never attend any of the Chinese schools of your making! Never!!! I will let the world see sir What justice there is When it is govern by the Race prejudice men!!!"

Tape v. Hurley, 66 Cal. 473 (1885) was a landmark court case in the California Supreme Court in which the Court found the exclusion of a Chinese American student from public school based on her ancestry unlawful. State legislation passed at the urging of San Francisco Superintendent of Schools Andrew J. Moulder after the school board lost its case enabled the establishment of a separate but equal segregated school, like the contemporaneous Plessy v. Ferguson (1896).

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