Tape vs. Hurley
''Background on School Segregation in California: Late 1800's'' Education in San Francisco was heavily segregated in the 1800’s all the way to the mid 1900’s. One reason for this was the high anti-Chinese sentiment due to fear of Chinese workers taking up the small number of jobs available at the time. Following the
Panic of 1873, anti-Chinese sentiment grew in areas such as San Francisco as a reaction to high levels of joblessness. These feelings grew into a larger movement that eventually manifested itself in part as the
Chinese Exclusion act. These societal anti-immigrant and pro-segregation feelings spilled over into all aspects of life, including the emerging public education sector. In 1851, the first public school in San Francisco opened its doors only for white students. Schools for minority children would also open shortly after, with an African American school opening in 1854, and an Asian American school opening in 1859.).
Tape v. Hurley When Mamie Tape was old enough to enter the education system in San Francisco, her parents, Mary and Joseph, wanted to send her to the Spring Valley Primary School. However, due to her Chinese heritage, they were turned away by principal Jennie Hurley. Had this case been brought to the supreme court earlier, the Tapes would have likely lost, since the legislation had been changed approximately five years prior to the instance. Before 1880, the legislation only clarified that education of a child was only completely open if the child was white. However, in 1880, the law was changed so that any child could enter the education system regardless of their race, unless they had a serious disease. Furthermore, it was Mamie Tapes 14th Amendment Right that she was treated fairly by the California education system as a part of the
equal protection clause that defended Chinese American children. Thus, the court declared that principal Jennie Hurley had unfairly and unlawfully turned away Mary Tapes daughter due to her Chinese Heritage. Specifically, the judges involved in the case said, “The board of education has power "to make, establish, and enforce all necessary and proper rules and regulations
not contrary to law," and none other.” In one specific letter, she says, “May you Mr. Moulder (superintendent of the Spring Valley Primary School district) never be persecuted like the way you persecuted little Mamie Tape…I will let the world see Sir what justice there is when it is govern(ed) by the race prejudice Men! Just because she is of the Chinese descend, not because she don't dress like you, because she does. Just because she is descended of Chinese parent: I guess she is more of a(n) American than a good many of you that is going to prevent her from being educated.” Mary Tapes writing in these letters and her resilience still inspired other Asian Americans and brought support to the fight against segregation despite the continued discrimination. It is of importance to note that the government was not fully in support of Chinese American inclusion either, despite supporting Mary Tapes original case. The same year that Mary Tape won her case, “the
California State Assembly enacted Bill 268 to establish separate schools for children of “Mongolian or Chinese” descent and once those schools were established, those children would not be admitted into any other schools.” == Personal life and death ==