In the case of Felton et al. v. City of Pensacola in 1967, a group of African American plaintiffs challenged the city's practice of leasing public park facilities to private organizations that maintained racially discriminatory policies. The Supreme Court ruled in favor of the plaintiffs, declaring that such leases were unconstitutional as they violated the Equal Protection Clause under Fourteenth Amendment. This landmark decision established an important precedent by asserting that government entities cannot indirectly support racial discrimination through their actions or policies even if these are carried out by private parties.

In the dissenting opinion for Felton et al. v. City of Pensacola, Justice Black argued that the majority's decision was a departure from established precedent regarding religious symbols on public property. He contended that the Latin cross in question did not violate the Establishment Clause of the First Amendment because it did not involve any form of coercion or government endorsement of religion; rather, it served as a historical monument reflecting Pensacola's cultural heritage and history. Furthermore, he asserted that removing such longstanding monuments based on their religious symbolism could lead to unnecessary societal division and conflict over other similar displays across America. In his view, this would be contrary to principles of tolerance and respect for diversity which underpin American society.