Mayor and Council of Wilmington v. Smentkowski

Carey, Justice.

This case, which was certified to us from the Superior Court, involves the validity of a Wilmington City ordinance designed to prohibit discrimination in restaurants because of race, color or religion.

The ordinance requires the obtaining of a City license to conduct various businesses within the City limits. On June 1, 1961, it was amended h> provide that no person holding a license to operate a restaurant, cafe, soda foun tain, hotel, dining room or other place serving food for consumption on the premises shall discriminate against or refuse to serve any person because of his…