Yick Wo v. Hopkins
Encyclopedia
Yick Wo v. Hopkins, 118 U.S. 356
(1886), was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause
in the Fourteenth Amendment
to the U.S. Constitution.
faced many legal and economic hurdles, including discriminatory provisions in the California Constitution
. As a result, they were excluded, either by law or by bias, from many professions. Many turned to the laundry
business and in San Francisco about 89% of the laundry workers were of Chinese descent.
In 1880, the city of San Francisco passed an ordinance that persons could not operate a laundry in a wooden building without a permit from the Board of Supervisors. The ordinance conferred upon the Board of Supervisors the discretion to grant or withhold the permits. At the time, about 95% of the city's 320 laundries were operated in wooden buildings. Approximately two-thirds of those laundries were owned by Chinese persons. Although most of the city's wooden building laundry owners applied for a permit, none were granted to any Chinese owner, while only one out of approximately eighty non-Chinese applicants was denied a permit.
Yick Wo (益和, Pinyin: Yì Hé, Americanization
: Lee Yick), who had lived in California
and had operated a laundry in the same wooden building for many years and held a valid license to operate his laundry issued by the Board of Fire-Wardens, continued to operate his laundry and was convicted and fined $10.00 for violating the ordinance
. He sued for a writ of habeas corpus
after he was imprisoned in default for having refused to pay the fine.
However, the petitioner pointed out that prior to the new ordinance, the inspection and approval of laundries in wooden buildings had been left up to fire wardens. Yick Wo's laundry had never failed an inspection for fire safety. Moreover, the application of the prior law focused only on laundries in crowded areas of the city, while the new law was being enforced on isolated wooden buildings as well. The law also ignored other wooden buildings where fires were common—even cooking stoves posed the same risk as those used for laundries.
, 163 U.S. 537
(1896), in practice allowing discriminatory treatment of African Americans. Yick Wo was never applied at the time to Jim Crow laws
which, although also racially neutral, were in practice discriminatory against blacks. However, by the 1950s, the Warren Court
used the principle established in Yick Wo to strike down several attempts by states and municipalities in the Deep South
to limit the political rights of blacks. Yick Wo has been cited in well over 150 Supreme Court cases since it was decided.
Yick Wo is cited in Hirabayashi v. United States
(320 US 81, 1943) to recognize that: "Distinctions between citizens solely based because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality. For that reason, legislative classification or discrimination based on race alone has often been held to be a denial of equal protection." However, the US Supreme Court upheld the conviction of Gordon Hirabayashi
, the Japanese American
who tested the curfew law and refused to register for the forced internment of people of Japanese descent during World War II
.
In San Francisco there is a public school named Yick Wo Alternative Elementary School
in honor of Yick Wo.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1886), was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
in the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to the U.S. Constitution.
Background
In the 1880s, Chinese immigrants to CaliforniaChinese immigration to the United States
Chinese American history is the history of Chinese Americans or the history of ethnic Chinese in the United States. Chinese immigration to the U.S. consisted of three major waves, with the first beginning in the 19th century. Chinese immigrants in the 19th century worked as laborers, particularly...
faced many legal and economic hurdles, including discriminatory provisions in the California Constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
. As a result, they were excluded, either by law or by bias, from many professions. Many turned to the laundry
Laundry
Laundry is a noun that refers to the act of washing clothing and linens, the place where that washing is done, and/or that which needs to be, is being, or has been laundered...
business and in San Francisco about 89% of the laundry workers were of Chinese descent.
In 1880, the city of San Francisco passed an ordinance that persons could not operate a laundry in a wooden building without a permit from the Board of Supervisors. The ordinance conferred upon the Board of Supervisors the discretion to grant or withhold the permits. At the time, about 95% of the city's 320 laundries were operated in wooden buildings. Approximately two-thirds of those laundries were owned by Chinese persons. Although most of the city's wooden building laundry owners applied for a permit, none were granted to any Chinese owner, while only one out of approximately eighty non-Chinese applicants was denied a permit.
Yick Wo (益和, Pinyin: Yì Hé, Americanization
Americanization
Americanization is the influence of the United States on the popular culture, technology, business practices, or political techniques of other countries. The term has been used since at least 1907. Inside the U.S...
: Lee Yick), who had lived in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and had operated a laundry in the same wooden building for many years and held a valid license to operate his laundry issued by the Board of Fire-Wardens, continued to operate his laundry and was convicted and fined $10.00 for violating the ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
. He sued for a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
after he was imprisoned in default for having refused to pay the fine.
The California Statute at Issue
Order No. 156, passed May 26, 1880- SEC. 1. It shall be unlawful, from and after the passage of this order, for any person or persons to establish, maintain, or carry on a laundry within the corporate limits of the city and county of San Francisco without having first obtained the consent of the board of supervisors, except the same be located in a building constructed either of brick or stone.
- SEC. 2. It shall be unlawful for any person to erect, build, or maintain, or cause to be erected, built, or maintained, over or upon the roof of any building now erected or which may hereafter be erected within the limits of said city and county, any scaffolding without first obtaining the written permission of the board of supervisors, which permit shall state fully for what purpose said scaffolding is to be erected and used, and such scaffolding shall not be used for any other purpose than that designated in such permit.
- SEC. 3. Any person who shall violate any of the provisions of this order shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment.
Issue before the Court
The state argued that the ordinance was strictly one out of concern for safety, as laundries of the day often needed very hot stoves to boil water for laundry, and indeed laundry fires were not unknown and often resulted in the destruction of adjoining buildings as well.However, the petitioner pointed out that prior to the new ordinance, the inspection and approval of laundries in wooden buildings had been left up to fire wardens. Yick Wo's laundry had never failed an inspection for fire safety. Moreover, the application of the prior law focused only on laundries in crowded areas of the city, while the new law was being enforced on isolated wooden buildings as well. The law also ignored other wooden buildings where fires were common—even cooking stoves posed the same risk as those used for laundries.
Opinion of the Court
The Court, in a unanimous opinion written by Justice Matthews, found that the administration of the statute in question was discriminatory and that there was therefore no need to even consider whether the ordinance itself was lawful. Even though the Chinese laundry owners were usually not American citizens, the court ruled they were still entitled to equal protection under the Fourteenth Amendment. Justice Matthews also noted that the court had previously ruled that it was acceptable to hold administrators of the law liable when they abused their authority. He denounced the law as a blatant attempt to exclude Chinese from the laundry trade in San Francisco, and the court struck down the law, ordering dismissal of all charges against other laundry owners who had been jailed.Legacy
Yick Wo had little application shortly after the decision. In fact, it was not long after that the Court developed the "separate but equal" doctrine in Plessy v. FergusonPlessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
, 163 U.S. 537
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1896), in practice allowing discriminatory treatment of African Americans. Yick Wo was never applied at the time to Jim Crow laws
Jim Crow laws
The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans...
which, although also racially neutral, were in practice discriminatory against blacks. However, by the 1950s, the Warren Court
Warren Court
The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents...
used the principle established in Yick Wo to strike down several attempts by states and municipalities in the Deep South
Deep South
The Deep South is a descriptive category of the cultural and geographic subregions in the American South. Historically, it is differentiated from the "Upper South" as being the states which were most dependent on plantation type agriculture during the pre-Civil War period...
to limit the political rights of blacks. Yick Wo has been cited in well over 150 Supreme Court cases since it was decided.
Yick Wo is cited in Hirabayashi v. United States
Hirabayashi v. United States
Hirabayashi v. United States, 320 U.S. 81 , was a case in which the United States Supreme Court held that the application of curfews against members of a minority group were constitutional when the nation was at war with the country from which that group originated. Yasui v...
(320 US 81, 1943) to recognize that: "Distinctions between citizens solely based because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality. For that reason, legislative classification or discrimination based on race alone has often been held to be a denial of equal protection." However, the US Supreme Court upheld the conviction of Gordon Hirabayashi
Gordon Hirabayashi
Gordon Kiyoshi Hirabayashi is an American sociologist , best known for his principled resistance to the Japanese American internment during World War II, and the court case which bears his name, Hirabayashi v. United States.-Biography:Hirabayashi was born in Seattle to a Christian family who were...
, the Japanese American
Japanese American
are American people of Japanese heritage. Japanese Americans have historically been among the three largest Asian American communities, but in recent decades have become the sixth largest group at roughly 1,204,205, including those of mixed-race or mixed-ethnicity...
who tested the curfew law and refused to register for the forced internment of people of Japanese descent during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
In San Francisco there is a public school named Yick Wo Alternative Elementary School
Yick Wo Alternative Elementary School
Yick Wo Alternative Elementary School is a public school located on San Francisco's Russian Hill near North Beach. It is just downhill from the famous crooked street on Lombard and is a part of the San Francisco Unified School District.-History:...
in honor of Yick Wo.
See also
- Chinese AmericanChinese AmericanChinese Americans represent Americans of Chinese descent. Chinese Americans constitute one group of overseas Chinese and also a subgroup of East Asian Americans, which is further a subgroup of Asian Americans...
- Chinese Hand Laundry AllianceChinese Hand Laundry AllianceThe Chinese Hand Laundry Alliance was a labor organization formed in 1933 to protect the civil rights of overseas Chinese living in North America and "to help Chinese laundry workers break their isolation in American society." An openly left-wing organization, the CHLA used various means —...
- List of United States Supreme Court cases, volume 118
External links
- Background http://usinfo.state.gov/usa/infousa/facts/democrac/64.htm
- Chin, Gabriel J. (2007), on Grounds of Race: Doubts About Yick Wo, Arizona Legal Studies Working Paper No. 30-07.
- Case Brief for Yick Wo v. Hopkins at Lawnix.com
- A documentary on Yick Wo v. Hopkins