Second Annitation

On June 7, 1892, Homer Plessy boarded a car of the East Louisiana Railroad that was designated by whites for use by white patrons only. Although Plessy was one-eighth black and seven-eighths white, under Louisiana state law he was classified as an African-American, and thus required to sit in the "colored" car. When Plessy refused to leave the white car and move to the colored car, he was arrested and jailed. In his case, Homer Adolph Plessy v. The State of Louisiana, Plessy argued that the East Louisiana Railroad had denied him his constitutional rights under the 13th and 14th Amendments of the United States. However, the judge presiding over his case, John Howard Furguson ruled that Louisiana had the right to regulate railroad companies as long as they operated within state boundaries. Plessy sought a writ of prohibition.

Plessy took it to the where he again found an unreceptive ear, as the state Supreme Court upheld Judge Ferguson's ruling. Undaunted, Plessy appealed to the United States Supreme Court in 1896. Two legal briefs were submitted on Plessy's behalf.