Facts of the Case
On June 13, 1973, Shirley Brooks and her family were evicted from their apartment in Mount Vernon, New York. The city marshal arranged for Flagg Bros., Inc. to store the Brooks' furniture in their warehouse, and informed Ms. Brooks of the cost. Although she objected, she allowed the workers to remove her furniture to the warehouse. On August 25, 1973, after a series of disputes about the charges, Ms. Brooks received a letter from Flagg Bros., Inc. informing her that her furniture would be sold if she did not settle her account within 10 days.
Ms. Brooks initiated a class action in district court and alleged that such a sale as allowed by a New York statute would violate the Fourteenth Amendment. The American Warehousemen’s Association, the International Association of Refrigerated Warehouses, and the Attorney General of New York intervened as defendants to defend the statute in question. The district court dismissed the complaint and the Court of Appeals reversed.
Questions
Does a New York state statute that allows storage companies to sell stored goods if they do not receive payment violate the Fourteenth Amendment?
Conclusions
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No. Justice William H. Rehnquist delivered the opinion of the 5-3 majority. The Court held that the decision of the storage facility to sell the goods could not be considered a state action, and therefore did not violate the Fourteenth Amendment. To show that they had a claim worthy of relief, the respondents must have given evidence that they were denied a right guaranteed by the Constitution, and that Flagg Bros., Inc. was operating as the State of New York. The Court held that there was no deprivation of a Constitutional right, as the Constitution only protects against state seizure of property, not that of private actors. The Court also held that the statute that allows the sale to happen does not imply any state action, so Flagg Bros., Inc. was not acting on behalf of the state.
Justice Thurgood Marshall wrote a dissent and argued that the statute allowed for unconstitutional discrimination against the poor, who were unable to pay the required fee in order to prevent the sale of their belongings. He also argued that the Court’s determination ignored the realities of the state’s role in eviction and subsequent legal procedures.
In his dissenting opinion, Justice John Paul Stevens wrote that the company’s right to conduct the sale derived from the state, and not the original property owners, so the sale must be held to the standards of the Fourteenth Amendment. He argued that state authorization of a “nonconsensual resolution of conflict between debtor and creditor” is the type of action that the Due Process Clause was meant to prevent. Justice Byron R. White and Justice Thurgood Marshall joined in the dissent.
Justice William J. Brennan, Jr. did not take part in the consideration or decision of the case.
After Espinoza, What’s Left of the Establishment Clause?
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...