Bossier Parish School Board v. Lemon
Decision Date | 06 February 1967 |
Docket Number | No. 22675.,22675. |
Citation | 370 F.2d 847 |
Parties | BOSSIER PARISH SCHOOL BOARD et al., Appellants, v. Ura Bernard LEMON et al., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
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J. Bennett Johnston, Jr., Shreveport, La., Jack P. F. Gremillion, Atty. Gen., State of Louisiana, Baton Rouge, La., William P. Schuler, Asst. Atty. Gen., State of Louisiana, Louis H. Padgett, Jr., Dist. Atty., Bossier Parish, La., for appellants.
Norman C. Amaker, New York City, St. John Barrett, Albert S. Pergam, Attys., Dept. of Justice, Washington, D. C., Jesse N. Stone, Jr., Shreveport, La., Jack Greenberg, Sheila Rush, New York City, for appellees.
Ford E. Stinson, Benton, La., amicus curiae.
John Doar, Asst. Atty. Gen., Edward L. Shaheen, U. S. Atty., Harold H. Greene, David Rubin, Joel M. Finkelstein, Attorneys, Department of Justice, Washington, D. C., for appellee-intervenor.
Before BROWN, BURGER,* and WISDOM, Circuit Judges.
This Court has had to deal with a variety of reasons that school boards have managed to dredge up to rationalize their denial of the constitutional right of Negro school children to equal educational opportunities with white children. This case presents a new and bizzare excuse. Here the alleged reason for the admitted discrimination is that the Negro children are "federal children"; they are children of parents in uniform who are stationed at Barksdale Air Force Base. Barksdale is a United States defense base in Bossier Parish — a federal enclave. The hair-splitting argument the Board has to live with is that the Fourteenth Amendment provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws" (emphasis added); since the children live at Barksdale, they are not persons within the jurisdiction of the state. As a corollary, Negro children of fathers stationed at Barksdale have no right to attend Bossier schools; they are merely permitted to attend schools (Negro schools) by sufferance, permission that may be withdrawn at any time. The Board contends also that since the plaintiffs do not reside in Bossier Parish, they cannot file a class action representing all Negroes who reside in Bossier Parish.
The district court denied the defendant's motion to dismiss. The court granted the plaintiff's motion for a summary judgment and issued an injunction ordering the school authorities to submit a desegregation plan for Bossier public schools. We affirm.
The district court found that the United States Department of Health, Education and Welfare provided financial aid to the Bossier Parish school system to the amount of nearly two million dollars between 1951 and 1964 under the provisions of 20 U.S.C. §§ 631-645. In return the school board gave various "assurances" to the United States that children of personnel stationed at Barksdale would be admitted to the schools "on the same terms, in accordance with the laws of the State in which the school district of such agency is situated, as they are available to other children in such school district. * * *" (Emphasis added.) 20 U.S.C. § 636(b) (1) (F). The court found also that subsequent to the passage of the Civil Rights Act of 1964, the school board accepted payments from the United States amounting to half a million dollars for operation of its schools during the year 1964-65.
The able trial judge, in an opinion we adopt as part of the opinion of this Court, held that the plaintiffs have standing to sue:
The court distinguished United States v. Bossier Parish School Board, W.D.La.1963, 220 F.Supp. 243, aff'd per curiam, 5 Cir. 1964, 336 F.2d 197 and United States v. Madison, 5 Cir. 1964, 326 F.2d 237 holding that the United States could not force desegregation of a school system by specifically enforcing the assurances extracted under 20 U.S.C. § 636(b) (1) (F) from school boards receiving federal funds:
For good measure, we add a few observations to the district court's opinion.
A. Even if the school board were under no legal obligation to provide public education to children of military personnel on the air base, it could not provide that education subject to an unconstitutional condition. See Hanover Fire Ins. Co. v. Harding, 1926, 272 U.S. 494, 47 S.Ct. 179, 71 L.Ed. 372; Wheeling Steel Corporation v. Glander, 1949, 337 U.S. 562, 69 S.Ct. 1291, 93 L.Ed. 1544. The plaintiffs here had been admitted to the school...
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