Mary Louise Ware (néeSmith; born 1937) is anAfrican-Americancivil rightsactivist. She was arrested in October 1955 at the age of 18 inMontgomery, Alabama for refusing to give up her seat on the segregated bus system. She is one of several women who were arrested for this offense prior toRosa Parks that year. Parks was the figure around whom theMontgomery bus boycott was organized, starting December 5, 1955.[1]
On February 1, 1956, Smith was one of five women named as plaintiffs in the federal civil suit,Browder v. Gayle, challenging the constitutionality of the state and local bus segregation laws. On June 13, 1956, a three-judge panel of theUnited States District Court ruled that the laws were unconstitutional. The ruling was upheld by theUnited States Supreme Court on November 13 in a landmark decision, and in December it declined to reconsider. On December 20, 1956, the Supreme Court ordered Alabama to desegregate its buses and the Montgomery bus boycott ended.
Mary Louise Smith was born inMontgomery, Alabama into aCatholic family. She and all her siblings attended and graduated fromSt. Jude Educational Institute. She was baptized atSt. Jude's Church, where she was a parishioner.[2]
At the age of 18, on October 21, 1955, Smith was returning home on the Montgomery city bus, and was ordered to relinquish her seat to a white passenger who had boarded later. She refused to do so and was arrested. She was charged with failure to obey segregation orders, some 40 days before the arrest ofRosa Parks on similar charges.[3] She was arrested and fined $12.[4]
ActivistE. D. Nixon, leading some of the bus boycott movement, shared information that Smith's father was an alcoholic, and she was not the right symbol to withstand the publicity. The family and neighbors dispute this characterization.[3] Additionally, she was considered not the "right class" to be the rallying point for the movement.[5] Smith's father represented her in court, without aid from outside political organizations.[2]
AttorneyFred Gray recruited Smith and her father to become plaintiffs in a federal civil rights class-action lawsuit to end segregated seating on city buses.[4]
On February 1, 1956, Gray and other attorneys filed a civil suit,Browder v. Gayle in theUnited States District Court, challenging state and local laws on bus segregation. Smith was one of five plaintiffs, includingAurelia Browder,Claudette Colvin,Susie McDonald, andJeanetta Reese. (Reese left the case that month because of intimidation.)[6][7] The women, other than Reese, testified before a three-judge panel, and on June 13, 1956, the court ruled that the laws were unconstitutional, based on equal protection under the Fourteenth Amendment.
Appealed by the city and state, the case made its way to theUnited States Supreme Court. On November 13, 1956, it affirmed the lower court's ruling. On December 17, it declined an appeal by the city and state to reconsider, and on December 20 ordered the state to desegregate its buses. This ended theMontgomery bus boycott with success.
Little information is available about her personal life. She married Mr. Ware and they had children together.
Smith followed the civil rights movement, but were not actively part of the political organization. She did attend the 1963March on Washington.[8]
In 1969, Smith and her sister allowed their sons to become plaintiffs in a racial discrimination lawsuit against the Montgomery YMCA. LawyerMorris Dees represented their suit, which called out the YMCA for not allowing her and her sister's children into their summer camp program.[9][10] In 1972, the U.S. District court ruled in their favor and ended segregation at the YMCA as well as voided remaining segregation ordinances in the city.[11]
Smith is active with her 12 grandchildren and 3 great-grandchildren.[12] She still lives in Montgomery, Alabama, and her older sister lives across the street.[4]
When Rosa Parks died in October 2005, Smith Ware, then 68, attended the memorial service in Montgomery. "I had to pay my tribute to her, [s]he was our role model."[13]
