The Turner v. City of Memphis case in 1961 revolved around racial discrimination in public facilities, specifically a restaurant at the municipal airport owned by the city but leased to a private party. The plaintiff, an African American woman named Mary Turner, was denied service due to her race and subsequently filed suit against the city and lessee for violating her Fourteenth Amendment rights. The Supreme Court ruled that even though the restaurant was operated by a private entity, it remained subject to constitutional restrictions because it was located on publicly-owned property. Therefore, denying service based on race constituted state action infringing upon equal protection under law as guaranteed by the Fourteenth Amendment. This decision reinforced previous rulings that segregation or discriminatory practices within public spaces were unconstitutional.

In the dissenting opinion for Turner v. City of Memphis, Justice Harlan argued that the case should not have been decided on constitutional grounds because it was essentially a matter of state law. He believed that the Tennessee courts had misinterpreted their own laws and regulations regarding restaurant licensing, but he did not think this amounted to a violation of federal due process rights. Instead, he felt that any errors in interpretation or application were matters for state authorities to correct rather than issues warranting intervention by the Supreme Court under its Fourteenth Amendment jurisdiction. Furthermore, Harlan expressed concern about potential overreach by federal courts into areas traditionally reserved for states' discretion and control.