The earliest legal restrictions on the nighttime activities and movements of African-Americans and other ethnic minorities date back to the colonial era. The general court and legislative assembly of New Hampshire passed "An Act To Prevent Disorders In The Night" in 1714:[6][7]
Whereas great disorders, insolencies and burglaries are oft times raised and committed in the night time by Indian, Negro, and Molatto Servants and Slaves to the Disquiet and hurt of her Majesty, No Indian, Negro, or Molatto is to be from Home after 9 o'clock.
Notices emphasizing and re-affirming the curfew were published in The New Hampshire Gazette in 1764 and 1771.[6]
Following the end of the Reconstruction Era, many thousands of towns and counties across the United States became sundown localities, as part of the imposition of Jim Crow laws and other racist practices. In most cases, the exclusion was official town policy or was promulgated by the community's real estate agents via exclusionary covenants governing who could buy or rent property. In others, the policy was enforced through intimidation. This intimidation could occur in a number of ways, including harassment by law enforcement officers.[8] Though widely believed to be a thing of the past—racially restrictive covenants were struck down by the Supreme Court in its 1948 Shelley v. Kraemer decision—many hundreds of towns continue to effectively exclude black people and other minorities in the twenty-first century.[9]
In 1844 Oregon banned African Americans from the territory altogether. Those who failed to leave could expect to receive lashings under a law known as the "Peter Burnett Lash Law", named for Provisional Supreme Judge Peter Burnett. No persons were ever lashed under the law; it was quickly amended to replace lashing with forced labor, and eventually repealed the following year after a change in the makeup of the legislature.[10][11] However, additional laws aimed at African Americans entering Oregon were ratified in 1849 and 1857, the last of which was not repealed until 1926.[12][13][14] This law in Oregon was the foreshadowing of future laws restricting where minorities could live, not only in Oregon but other jurisdictions.
Outside Oregon, other places looked to laws and legislation to help restrict black people from residing within cities, towns, and states.[15] One example is Louisville, Kentucky, whose mayor proposed a law in 1911 that would restrict black people from owning property in certain parts of the city.[16] This city ordinance reached public attention when it was challenged in the U.S. Supreme Court case Buchanan v. Warley in 1917. Ultimately, the court decided that the laws passed in Louisville were unconstitutional, thus setting the legal precedent that similar laws could not exist or be passed in the future.[16] This one legal victory did not stop towns from developing into sundown towns. City planners and real estate companies used their power and authority to ensure that white communities remained white, and black communities remained black. These were private individuals making decisions to personally benefit themselves, their companies' profits, or their cities' alleged safety, so their methods in creating sundown towns were often ignored by the courts.[17] In addition to unfair housing rules, citizens turned to violence and harassment in making sure black people would not remain in their cities after sundown.[18] Whites in the North felt that their way of life was threatened by the increased minority populations moving into their neighborhoods and racial tensions started to build. This often boiled over into violence, sometimes extreme, such as the 1943 Detroit race riot.[19]
