1884: Tape vs. Hurley

The case Tape vs. Hurley occurred in 1884 where Joseph and Mary Tape sued the San Francisco School Board over segregated schools. Joseph and Mary Tape were both immigrants from China who resided in San Francisco. Both had steady jobs, Joseph was a businessman and an interpreter for the Chinese consulate and Mary was an amateur photographer and artist. Their child, Mamie Tape was eight years old at the time when they tried to enroll her at the all-white Spring Valley Public School. Her admission was denied because of her Chinese descent despite the fact that she was American born and thus a citizen. Joseph and Mary immediately took the issue to California’s Supreme Court and sued the San Francisco Board of Education. They stated that the school’s decision violated the California Political code which says:

"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."

The school officials defended their position by arguing that the California constitution declared Chinese people to be, “dangerous to the well-being of the state,” and therefore the city had no obligation to educate Chinese students.

The judge at the time, Justice McGuire handed down the decision in favor of the Tape family. He wrote:

"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."

Despite the fact that the Justice ruled in favor of the Tapes and Mamie’s acceptance to Spring Valley School, the family still experienced racism. The San Francisco school board officials lobbied for a separate school system for Chinese and other “Mongolian,” children. A bill was passed through the California State legislature which permitted the school board authority to establish the Oriental Public School in San Francisco. In 1859, “The Chinese School,” was created which Chinese children were assigned to. It was a Chinese-only school and Chinese children regardless if they were citizens or not were not permitted into any other public schools in San Francisco. This racism can be attributed to the Anti-Chinese sentiment and negative views held about Chinese people due to the Chinese Exclusion Act.

Link to documentary of Mamie Tape’s Case:

http://www.cetel.org/mamietape.html