Tape v. Hurley

Mary and Joseph Tape were 19th-century Chinese immigrants and central figures of Tape v. Hurley, a notable early case against segregated schools.

Mary and Joseph Tape lived during the Chinese Exclusion Act and a period of strong xenophobia that followed waves of Gold Rush immigration. Despite all this, they prospered socioeconomically. Joseph worked for the Imperial Consulate of China and the family settled into American middle-class life.

When their daughter, Mamie, was turned away from a white school, the Tapes sued in the California Superior Court. They won, on the account that Mamie’s exclusion violated laws about a child’s right to public education, as there was not another option close by. Despite this, lawmakers soon established new separate public schools for Asian American children, and maintained segregated schools while conforming with the court’s ruling about rights to public education. Mary continued her fight, published an impassioned newspaper response, and paved the way for future parents in similar situations.

The Tapes’ story is one of personal successes and systemic obstacles. Their inability to enroll their daughter in the school of their choice, despite a legal victory in the Superior Court and socioeconomic success, speaks to the immense effect institutionalized prejudice held, even against those labeled as prosperous. The Tapes grappled with negotiating their Chinese identity through assimilation and increasing their proximity to whiteness to better their children’s futures. Many of the struggles the Tapes faced persisted. Nevertheless, their story stands as a testament to and a precedent in educational equality.

Read more about the Tape family in The Lucky Ones by Mae Ngai.

📸:: Jack Kim