Bayard Rustin Arrest
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Bayard Rustin Arrest
Bayard Rustin speaks during a Congressional Committee hearing. Source: Bettmann / Getty
A pril marked 75 years since the four Freedom Riders were arrested in North Carolina. Now a North Carolina court has vacated Bayard Rustin’s and three others’ sentences for alleged “disorderly conduct.”
Sponsored by the Congress of Racial Equality (CORE), the two-week “ Journey of Reconciliation ” attempted to test the bounds of a 1946 Supreme Court decision banning segregation in interstate buses. The Court later extended the ruling to include trains.
An interracial group of 16 people met resistance during their travel through North Carolina. NCPedia explained that the North Carolina Courts decided that the Supreme Court’s decision in Morgan v. Virginia did not apply because on the day the group was arrested, they were traveling within the state and not “interstate travelers.”
Rustin and fellow travelers attempted to board a bus in Chapel Hill and were beaten, removed from a bus and ultimately charged with disorderly conduct. He was sentenced to 30-days on a chain gang, serving 22 days.
News of the exonerations comes ahead of the Juneteenth holiday, a time of celebrating Black liberation and freedom. Over 80 years after emancipation, Black citizens were still fighting for full and equal access to the so-called American dream.
During a public ceremony last month, Orange County District Court Judges apologized for the mistreatment and injustice in a court system invested in protecting the Jim Crow system.
“We stand before our community on behalf of all five District Court Judges for Orange and Chatham Counties and accept the responsibility entrusted to us to do our part to eliminate racial disparities in our justice system,” said the judges. “ The Orange County Court was on the wrong side of the law in May 1947, and it was on the wrong side of history.”
Rustin also wrote about his 22 days on the chain gang , describing the horrible conditions and day-to-day experience. He even included a survey of 44 men also detained at the Roxboro Prison camp. Over half of the men interviewed were under age 30. The majority lacked vocational training.
The account ran as a five-part series for the New York Post. By some accounts, Rustin’s story helped lead to the end of chain gangs in North Carolina.
Carolina Public Humanities , housed at the University of North Carolina, launched a 75th-anniversary site commemorating the 1947 freedom ride. An educational treasure trove, the 75th Anniversary of the Journey of Reconciliation site provides context for the freedom ride and other efforts to challenge Jim Crow in public transit.
Not to be deterred, future groups would continue to push the bounds of Jim Crow laws with sit-ins and another Freedom Ride through the south. Another interracial group from CORE would set out 14 years after the “Journey of Reconciliation.”
The group traveled from Washington D.C. to Jackson, Mississippi, testing the limits of the Supreme Court’s ruling in Boynton v. Virginia , finding that segregation in facilities such as bus terminals was unconstitutional. The late Rep. John Lewis was among the student organizers who traveled with CORE, later becoming a leader within the Student Nonviolent Coordinating Committee (SNCC).
Historical injustices like the legal action taken against Rustin and his comrades and the outrage and violence inflicted by white supremacy deserve more than an apology 75 years later. A part of remembering the legacy is ensuring that history is being taught, another reason the resources provided by Carolina Public Humanities are so valuable.
This apology and the acknowledgment of the courts’ role in maintaining white supremacy is a clear example of systemic racism. It is unfortunately not the last to be addressed.
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Copyright © 2022 Interactive One, LLC .
All Rights Reserved.
Today’s post was written by Shaina Destine, a student intern in Textual Processing at the National Archives in College Park.
Bayard Rustin was the perpetual hero that history forgot. I learned of Bayard Rustin in regards to his Civil Rights and Gay Rights work in my early 20s. I heard about him being a Quaker and a Communist. I even heard that he spent time in prison, however, his prison life is always glossed over. I never knew the details. In the last few weeks, I’ve spent time scanning his prison records from 1944 to 1946 (located in the RG 129 Notorious Offenders Files NAID 580698 )when he was imprisoned for violating the Selective Service Act.
Intake mugshot of Bayard Rustin at the Lewisburg Penitentiary, August 3, 1945
Upon the commencement of the World War II draft, Bayard Rustin and his friends conscientiously objected to going to war and were promptly arrested. The entire file documenting his time in prison is kept in the Notorious Offenders File series in the file unit Rustin, Bayard ( NAID 18558235 ). Rustin spent some time at Ashland Federal Penitentiary. While in Ashland, he worked in the Educational Department because his records showed that he had been in school from age 7 to age 25. Upon his arrival at Ashland, it was noted in his files that:
it is believed that this inmate will continue to bring up racial problems in this institution, as has been his practice before being committed here, and it is further indicated by his actions that he is already engaged in practices of agitating other inmates on the race problem. His adjustment in this institution is doubtful.
Rustin was transferred to the Lewisburg Federal Penitentiary in March 1944. Upon his arrival, Rustin “announced in a very arrogant manner that he had no interest in any aspect of the institutional program and he had no desire to discuss his transfer or his present situation”. He protested many issues at the prison. He was constantly receiving disciplinary notices for “arousing and agitating” fellow prisoners in regards to various topics including medical care, mail policies, and the integration of the dining facilities. He received administrative segregation a number of times over the years which did not stop his activism. His first segregation report shows that five informants notified prison administration that Rustin has “attempted or performed…unnatural sexual relations” while in prison. Administration worried that his “sexual disorder” would ruin the morale of the prison. When it became well known, Rustin lost both the support of the prisoners and of the correctional officers who had begun following his leadership. At some point, his descriptions in the records changed from “suspected homosexual” to “admitted homosexual” which I find interesting but I have not come across the incident that caused this change.
Special Progress Report for Bayard Rustin, January 1945
In March 1946, Rustin began a hunger strike in prison to protest what the prison described as “the race question”. Rustin’s conduct record notes that
this inmate objects to institutional ruling in not allowing Whites and Negroes to intermingle in so far as eating and sleeping is concerned. He will not walk in a line segregated or be segregated in the dining hall. Today at noon meal he came out with the Qurantive group but refused to line up with the Negroes, but instead started to deliver an oration on his opinions of segregation, etc. He was told to line up as required…but this he refused to do and then had to be excorted [sic] back to his cell.
Documents regarding the release of Bayard Rustin
Documents regarding the release of Bayard Rustin
Documents regarding the release of Bayard Rustin
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Exploring records relating to African Americans with the Say It Loud! Employee Affinity Group
Bayard Rustin was born in 1912 in West Chester, Pennsylvania. He was raised by his maternal grandparents. His grandmother was a Quaker and heavily influenced his philosophy throughout his life. Rustin is described as having “superior intelligence”, being “unusually clever”, and having “qualities of leadership that are outstanding”. He attended Wilberforce University (an historically black college in Ohio) on a music scholarship. He was expelled for organizing a strike then went on to Cheyney State Teachers College. While there, he attended activist training at American Friends Service Committee, a Quaker-founded social justice organization in Philadelphia. After that, he became involved with a number of defense efforts involving racial injustices.
After a total of ten disciplinary reports and a general stubbornness that the administration could not break down, the Chief Medical Officer (CMO) whom Rustin had a run-in with previously when the CMO made the mistake of calling him “boy”, recommended that Rustin be transferred. The CMO’s progress report says, “Except that he be kept in confinement or on punishment for the remainder of his time in this institution, we have exhausted all our means to deal with this case. He cannot, therefore, be considered suitable for a correctional institution. Transfer now seems desirable for his welfare as well as for the institution. Transfer is recommended.”
His release progress report reads, “on March 25, 1946, [Rustin] agreed to discontinue his hunger strike and racial agitation in an attempt to maintain a satifactory adjustment. In order that he might be given the opportunity to adjust under different environment; therefore the Classification Committee recommended that he be transferred to the Farm Camp.” Bayard Rustin was transferred to the Lewisburg Farm Camp that same day with the tentative release date of June 20, 1946. He earned nine days of “Camp Good Time” and was released on June 11th .
Upon his departure, the prison offered Rustin a conditional release that would allow him to travel within New York only since that was where he was securing residence with publicity restrictions. Rustin found this completely unacceptable. He pushed back saying that as a field agent for the Fellowship of Reconciliation –with whom he had secured employment — would require full freedom of travel and also, he could not accept the publicity restriction because he planned on bringing attention to any parts of the Department of Justice that he felt required it. In the end, the Parole Executive suggested that the warden sign off on Rustin’s release lifting his restrictions and approving all movement. They handed Rustin his release certificate with all these allowances but warned him that he would be returned to prison as a violator if he did not at least try to conform to some of the previously stated regulations of conditional release. Upon hearing that, Rustin refused to sign the certificate so it was signed for him by the warden. His last and final act of defiance was to completely disregard the suit that they picked for him to wear for his release. He wore what he wanted to as he walked away from his incarceration.
Rustin fought the prisons from the beginning to the end. He did not stop fighting for his freedom to make choices and be his own person even when some would argue that it was not necessary. He is a hero who would not compromise – ever. Also, do not forget that this was only TWO YEARS of his life. He did so much more after this. Bayard Rustin is a hero of epic proportions.
JFKLP co-sponsors the Bayard Rustin Community Breakfast every April with the Boston AIDS Action Committee.
Thanks for writing this! We must never give up telling his story!
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Rep. Eleanor Holmes Norton on the Genius of Bayard Rustin
The former SNCC activist explains how the Civil Rights leader pulled off the perfect march
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This Man Became the First Openly Gay Bishop in America
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The openly gay Rustin was convicted during the 1950s under laws targeting LGBTQ individuals
In 1953, civil rights organizer Bayard Rustin was arrested in Pasadena, California, for having consensual sex with men. He served 50 days in jail and was registered as a sex offender. Rustin went on to play a key role in the civil rights movement, working closely with Martin Luther King Jr., but his conviction remained a stain on his reputation.
“I know now that for me,” Rustin once wrote , “sex must be sublimated if I am to live with myself and in this world longer.”
Now, nearly 70 years after his conviction, Rustin has been posthumously pardoned by California Governor Gavin Newsom, reports Jill Cowan for the New York Times . Newsom, inspired by the push to clear Rustin’s name, also announced a new clemency initiative for individuals who were “subjected to discriminatory arrest and prosecution for engaging in consensual conduct with people of the same sex.”
Rustin’s posthumous pardon is largely thanks to the efforts of Scott Wiener, chair of the California Legislative LGBTQ Caucus, and Shirley Weber, chair of the California Legislative Black Caucus.
“Rustin was a great American who was both gay and black at a time when the sheer fact of being either or both could land you in jail,” says Weber in a statement . “This pardon assures his place in history and the Governor’s ongoing commitment to addressing similar convictions shows that California is finally addressing a great injustice.”
Across the United States, arrests and other legal tools were once routinely used to oppress LGBTQ people. In 1951, in fact, FBI Director J. Edgar Hoover launched an initiative deliberately targeting “ sex deviates .”
For most of the 20th century, homosexuality was illegal in California . The state started requiring convicted sex offenders to register with the police in 1947, and only began allowing individuals convicted of consensual adult sex to request removal from the sex offender registry in 1977, two years after legislation outlawing consensual sex between same-sex adults was repealed. But these measures, according to Newsom’s office, “[did] not modify the underlying conviction or constitute a pardon.”
The new clemency project will work to identify individuals who are eligible for pardon and “diligently process” pardon applications. Californians can apply on behalf of people whom they believe meet the criteria for consideration.
By the time of his arrest in 1953, Rustin was profoundly committed to non-violent resistance. According to Henry Louis Gates Jr. of the Root , he had protested racial segregation in the U.S. Armed Forces, served 26 months in prison for refusing to appear before the draft board during World War II, and ended up on a chain gang in North Carolina after he participated in the Journey of Reconciliation , which saw African American activists ride at the front of interstate buses in the segregated South. Rustin served as the treasurer of the Congress of Racial Equality and co-secretary of race relations for the Fellowship of Reconciliation , a pacifist human rights group.
Rustin was apprehended by police after delivering a speech in Pasadena; he was discovered in a car with two other me
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