Why did Mary tape sue the San Francisco school district in 1885?

Racial segregation of American schools has been a common practice for much of U.S. history. During Reconstruction, Congress passed the Civil Rights Act of 1875. It banned racial discrimination in public institutions, including schools. In 1883, the Supreme Court struck down the law and ruled that discrimination in public spaces was constitutional. In Southern states, Black and white students were legally required to attend separate public schools. While school segregation was not set by law in other parts of the country, it was common practice. For example, local officials established separate schools for non-white students.

In the 1850s, Chinese immigrants started coming to the United States in large numbers, fueled by a disastrous Chinese economy and the chance at wealth during the California Gold Rush. They easily found work in railroad construction, on farms, and in laundry businesses. By the 1870s, the American economy plummeted and many people lost their jobs. Nativists blamed Chinese immigrants for taking jobs from Americans. Racist perceptions of Chinese women led to the passage of the Page Act in 1875. More restrictions followed. In 1882, the U.S. government adopted the Chinese Exclusion Act, which banned immigrants from China and did not allow Chinese immigrants already living in the country to become American citizens.

About the Resources

Joseph and Mary Tape were Chinese immigrants who lived in a predominantly white suburb of San Francisco in the 1880s. Joseph owned his own successful business, and Mary cared for their four children. They aspired to create a comfortable middle-class life for their family. In 1884, the Tapes tried to enroll their daughter Mamie in the local public school. However, the principal denied her admission because she was Chinese. In response, the Tapes sued the San Francisco Board of Education and the principal, arguing that state law required them to admit Mamie to the school. The Supreme Court of California ruled in the Tapes’s favor, and the case confirmed that all children had a right to public education. 

Within a week, the California legislature passed a new law establishing separate schools for children of Chinese descent. The school again denied Mamie Tape entry, this time stating that she did not have a vaccination record and that classes were full. They expected Mamie to attend the newly established Chinese Primary School in the Chinatown neighborhood of San Francisco. In response, Mary Tape wrote this scathing letter to the Board of Education, which was reprinted in many newspapers. Unfortunately, Mary Tape was not successful in enrolling her daughter in the white school. Mamie and her brother attended the Chinese Primary School instead. 

The Tape v. Hurley case established that all children had a right to public education, but schools could still be segregated. A decade later, the Supreme Court ruled that “separate but equal” facilities were constitutional in the 1896 Plessy v. Ferguson decision. It was not until 1954 that the Supreme Court ruled segregated education to be unconstitutional in the landmark case Brown v. Board of Education.

Vocabulary

• bar: To block someone from something.
• Caucasians: White people.
• Mr. Moulder: Superintendent of public schools in San Francisco.
• nativists: People who believe native-born citizens should be favored over immigrants.
• persecuted: Discriminated against because of one’s race or beliefs.
• prejudice: Dislike of a particular group of people.
• pretense: Act in a way to make someone else believe in something untrue.
• segregation: The enforced separation of people of different races.
• toddle: To walk unsteadily, or with small steps.

Discussion Questions

• Why did the public school refuse to admit Mamie Tape? How does Mary describe her feelings about this decision in her letter? 
• How did the California legislature respond to the Tape v. Hurley case and why is this significant? 
• What arguments does Mary Tape make in favor of her daughter attending the local public school? 
• Why does Mary try to prove that Mamie was more like white students than other Chinese students? What might this tell you about Mary’s relationship with her own identity as a Chinese American? 
• How does this case reflect on American treatment of Chinese immigrants during this time period?

Suggested Activities

• Pair this resource with a video about the Mendez v. Westminster case, which ended school segregation in the state of California in 1947.
• Combine this resource with the Page Act and the life story of Polly Bemis to explore the experiences of Chinese immigrants in the United States.
• Consider how state and federal governments used laws and policies regarding education to enforce the unequal treatment of children based on race. Analyze

  What did the California State Supreme Court rule in March 1885?

  On March 3, 1885, the California State Supreme Court said that state law required public education to be open to “all children” and ruled in favor of the Tapes.

  Who were Joseph and Mary tape?

  Joseph C. Tape (1852–1935) and his wife Mary McGladery (1857–1934) were born in China and came to California in 1869 and 1868, respectively. Mary was an orphan (or an abandoned child) from the Shanghai area.

  Who helped desegregate schools?

  On May 17, 1954, Chief Justice Earl Warren issued the Supreme Court's unanimous decision in Brown v. Board of Education, ruling that racial segregation in public schools violated the Equal Protection Clause of the 14th Amendment.