Baker v. City of Kissimmee, Fla.

• Decision Date: 20 September 1986
• Docket Number: No. 81-51-Civ-Orl.,81-51-Civ-Orl.
• Citation: 645 F. Supp. 571
• Parties: Joyce M. BAKER, Catherine Hammonds, Margaret Baker, Cathy Baker, Tommy Lee McKinney, Ernestine Alexander, Amanda Chappell, Naomi Baker, W.J. Dumas, King S. Baker, Vernette Everette, George Jenkins and Nathaniel Nole, Plaintiffs, v. The CITY OF KISSIMMEE, FLORIDA, Dr. George Gant, Mayor; Commissioners James Wells, Bruce R. Van Meter, Ken Maher, and Naomi Winbush, their successors and agents in their official capacities, Defendants.
• Court: U.S. District Court — Middle District of Florida

645 F. Supp. 571

Joyce M. BAKER, Catherine Hammonds, Margaret Baker, Cathy Baker, Tommy Lee McKinney, Ernestine Alexander, Amanda Chappell, Naomi Baker, W.J. Dumas, King S. Baker, Vernette Everette, George Jenkins and Nathaniel Nole, Plaintiffs, v. The CITY OF KISSIMMEE, FLORIDA, Dr. George Gant, Mayor; Commissioners James Wells, Bruce R. Van Meter, Ken Maher, and Naomi Winbush, their successors and agents in their official capacities, Defendants.

No. 81-51-Civ-Orl.

United States District Court, M.D. Florida, Orlando Division.

September 20, 1986.

COPYRIGHT MATERIAL OMITTED

David M. Lipman and Robert E. Weisberg, of Lipman & Weisberg, Miami, Fla., for plaintiffs.

Norman J. Smith, of Brinson, Smith, Heller & Smith, P.A., Kissimmee, Fla., for defendant City of Kissimmee.

William E. Lawton, of Dean, Ringers, Morgan & Lawton, P.A., Orlando, Fla., for defendants Gant, et al.

OPINION AND ORDER

WATSON, Judge, Sitting by Designation.

In this action, filed February 9, 1981, plaintiffs seek injunctive and declaratory relief to restrain defendants from providing certain municipal services in a racially discriminatory manner. Plaintiffs, a class of "all black citizens of the City of Kissimmee who reside in predominately black neighborhoods in the City of Kissimmee", maintain that they have been unlawfully denied their right to municipal services, including the street paving and street resurfacing and maintenance, in violation of their rights secured by 42 U.S.C. § 1983 under the Fourteenth Amendment of the United States Constitution.¹ Plaintiffs patterned this lawsuit after the municipal services equalization cases of Hawkins v. Town of Shaw, 437 F.2d 1286 (5th Cir. 1971), aff'd en banc, 461 F.2d 1171 (5th Cir.1972); Dowdell v. City of Apopka, 698 F.2d 1181 (11th Cir.1983); and Johnson v. City of Arcadia, 450 F.Supp. 1363 (M.D. Fla.1978). The complaint alleges that the City of Kissimmee, its mayor and four city commissioners, acting in their official capacity, deprived black citizens of equal municipal services, and sought that qualitative and quantitative disparities between services provided to black and white citizens be eliminated. This case is presently before the court on the issue of liability.

Thirteen black citizens—Joyce M. Baker, Catherine Hammonds, Margaret Baker, Cathy Baker, Tommy Lee McKinney, Ernestine Alexander, Amanda Chappell, Naomi Baker, W.J. Dumas, King S. Baker, Vernette Everette, George Jenkins and Nathaniel Nole—are the named plaintiffs, black residents of the City of Kissimmee, Florida who represent the plaintiff class. Filed as a class action, this court, Judge Reed, certified the class pursuant to Federal Rule of Civil Procedure 23(b)(1)(A) to include:

All black residents of the City of Kissimmee who reside in predominately black neighborhoods in the City of Kissimmee.

Order of March 29, 1982.

Following this court's denial of various pre-trial motions of defendants in an order of September 21, 1981² and extensive discovery by the parties, the parties filed with this court an extensive stipulation of facts on March 29, 1984. This stipulation together with the deposition of plaintiffs' expert historian, Dr. Jerrell Shofner, form the basis of the court's findings of fact.

At the pre-trial conference, held March 29, 1984, both parties indicated that they would present this lawsuit for adjudication upon briefs. The parties thereafter filed cross-motions for judgment upon the stipulated facts, and submitted various briefs in support thereof. On December 9, 1985, the court heard oral argument by the parties on their respective motions for judgment. At that time, the parties informed the court that the anticipated decision pending in the United States Court of Appeals for the Eleventh Circuit in Ammons v. Dade City, 594 F.Supp. 1274 (M.D.Fla.1984), appeal docketed, No. 84-3786 (11th Cir., November 7, 1984), may have some bearing on the issues in the present case. The court thus took this case under advisement pending the Eleventh Circuit decision in Ammons. Order of December 10, 1985. Ammons has since been decided by the Eleventh Circuit, 783 F.2d 982 (11th Cir.1986), petition for rehearing and suggestion for rehearing en banc denied, 788 F.2d 1570 (1986). This case is thus ripe for resolution.

Having considered all of the evidence, the submissions of the parties, and oral argument, the court now, pursuant to Rule 52(a), Federal Rules of Civil Procedure, issues its findings of fact and conclusions of law.

FACTUAL BACKGROUND

Kissimmee

The City of Kissimmee was incorporated in 1883 (Shofner, p. 44). Kissimmee's 1980 population was 15,487 of which 2,028 or 13.1% was black (Source: pp. 11-29, Table 16, 1980, Census of Population, General Population Characteristics—Florida, Publication No. PC 80-1-B11). Kissimmee, Florida is approximately 15 miles south of downtown Orlando. The City is dissected by a major U.S. highway, U.S. 192/441, and by a major railroad line, the Seaboard Coast Line Railroad tracks. The black population of Kissimmee resides predominently in three densely populated and rigidly segregated areas which adjoin the Seaboard Coast Line Railroad tracks. See, Defendants' Response to Plaintiffs' Request for Admissions of Fact (First Set) (herein "First Req.Adm.").

The City's largest black residential community is primarily located literally "on the other side of the railroad tracks." The black community situated within each of the Seaboard Coast Line Railroad tracks, forms almost a perfect triangle in the northeastern region of the City. It is bounded on the east by Main Street, south by Vine Street (U.S. 192/441), and on the north by open space. (Id.) The second area of the City's black residential community straddles the railroad tracks bounded on the east by Rose and Clyde Avenues, on the north by Oak Street, on the west by a canal and Bermuda Avenue and by Florida and Sumner Streets to the south. (Id.) The third segregated black residential community and the oldest is located within a square bounded on the south by the railroad and Mitchell Street. The western boundary is Central Avenue; the northern, Oak Street; on the east, Robinson Avenue completes the square. (Id.) There are 485 households in the City's black residential community within these three areas. (Stip. Fact 1, Table 2; Fact 2, Table 8-D). This community is composed of almost all of the 2,028 black citizens which represents almost all black citizens residing in Kissimmee. (Source: Census of Population, supra).

Historical Development of Racial Segregation

Following its incorporation in 1883, the City of Kissimmee, Florida, developed, as many other small Southern rural cities. In the early 1900's, the period referred to as the "Progressive Era," smaller cities throughout the South were beginning to provide various municipal services within their jurisdictions (Shofner, pp. 20-21).³ As in other southern states, progressivism in Florida was "for whites only." For example, as the State expanded its schools system, the gap between white and black schools widened. Prior to 1900, one of the few public services provided by either state or local government in Florida were the public schools. During this period, state law mandated that for every dollar spent on educating a black child, three and one-half dollars would have to be spent on educating the white child. (Shofner, p. 21.)

Progressive reforms were enacted alongside a growing list of Jim Crow laws which, between 1895 and 1915, provided rigid legal backing to the customary segregation of the races in all aspects of Florida society. In the matter of political reforms, advocates of primary elections wanted an increased voice for "the people" in choosing their leaders, but to liberals as well as conservatives of the 1890's, this meant white people only. The primary system followed shortly. While it was progressive in that sense, it was also the "white primary" which subsequently became the most effective device for preventing blacks from voting in the only elections which mattered in early twentieth century Florida. (Shofner, pp. 23, 45-46.)

At the state level and in other partisan political races, the "white primary" effectively prevented blacks from voting in partisan elections. The Democratic Party established the white primary in 1900. One year later, the Florida Legislature passed the "white primary" law which effectively barred blacks from the political process. (Shofner, pp. 23, 45-46.)⁴ In addition to the white primary, denying blacks the right to vote, in February, 1935, the Kissimmee City Commission issued an "Election Proclamation" which included a Poll Tax clause. With this proclamation, an elector had to pay a poll tax as part of eligibility requirements for voting in municipal elections. (Source: Stip.: Legislative/Administrative Background, No. 4, City Minutes, February 8, 1935 and Plaintiffs' Request for Admissions, Second Set, and Defendants' Response, No. 14 (herein "Second Req. Adm.").

This case exists within the setting of a long history of racial segregation and racially discriminatory practices which can be documented by contemporary sources outlined in the Stipulation of Fact and gathered from: (i) City Commission minutes; (ii) official City of Kissimmee documents, and (iii) various newspaper articles from The Kissimmee Gazette.⁵ These sources trace the City Commission's successful efforts to create two Kissimmees—one white and one black—through legislation and policy.

The City Commission Minutes record the election of a member of the white man's party in March, 1918. (Source: Stipulation, Legislative/Administrative Background No. 1; City Minutes, March 5, 1918). Reflecting the culture and attitudes of the community, the City Commission reinforced a tradition that adhered to the concept of slavery, if not the reality. In October, 1922, the black community, known as "negro quarters," was subject to inspections by the city health...