Evans v. Newton

  • Operating public amenities is a traditional and exclusive governmental function.
  • A state or municipality cannot avoid constitutional obligations by transferring ownership of a public facility to a private entity.
  • The operation of amenities that are public in nature may be considered state actions, thereby subjecting it to the incorporated constitutional provision.
  • Private v. State requires "shifting facts and weighing circumstances.
  • From this case: Macon, GA, operated as trustee of a park that only only accommodated white people.
    • The city transferred ownership to a private owner.
    • Because the park remained intertwined with municipal care, the private ownership operation was considered state action that could be regulated under incorporated constitutional provisions.