Tape v. Hurley the Fight to Go to SF Public Schools

TAPE V. HURLEY

Exclusion of children of non-white races from public schools was a major cause of concern for immigrants in late 18th century and for the first half of the 19th century. The issue reached its peak when in 1884 when Joseph and Mary Tape sought admission in a public school for their U.S.-born girl, Mamie. In those days, Chinese immigrants were seen in a negative light especially in California, as they were considered "dangerous to the well-being of the state." The court ruled in favor of Tapes but school administration refused to abide by the ruling on grounds on "separate but equal" doctrine. The court ruled that children of all nationalities and races could seek admission in public schools except those of "filthy or vicious habits." Superior Court Judge McGuire ruled: "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." Even the political code section 1662 of California had earlier been amended to grant admission rights to all children:

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 thereof. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases."

However Plessey v. Ferguson had clearly stated that if a separate educational institution was available for children of other races, then they could be denied admission by mainstream public schools. This case had established the doctrine of "separate but equal" and the school board in Tape v. Hurley used this statute to refuse admission to Mamie who was a U.S. citizen born to Chinese parents. Everyone between the age of six and 21 could seek admission in schools nationwide but California was more racially segregated than some other parts of the country. When Mamie was denied admission and the court ruled in favor of the parents, the board refused top accept this decision and appealed the case in California Supreme Court. Fighting the case under separate but equal ruling of earlier case, School administration sought an addition into the political code of California. This addition made it clear that if there were separate educational institutions present for children of other races than they could be denied admission in public schools. Section 1662 of California political code was amended to include the following:

and also to establish separate schools for children of Mongolian or Chinese descent. When such separate schools are established Chinese or Mongolian children must not be admitted into any other schools.