Bush v. Orleans Parish School Board, Civ. A. 3630.
| Decision Date | 01 July 1958 |
| Docket Number | Civ. A. 3630. |
| Parties | Earl Benjamin BUSH et al., Plaintiffs, v. ORLEANS PARISH SCHOOL BOARD et al., Defendants. |
| Court | U.S. District Court — Eastern District of Louisiana |
A. P. Tureaud, A. M. Trudeau, Jr., New Orleans, La., for plaintiffs.
Browne & Rault, Gerard A. Rault, New Orleans, La., for defendants.
This litigation is long standing. On February 15, 1956 this Court, after declaring certain state laws compelling segregation in the public schools of the State of Louisiana unconstitutional,1 restrained and enjoined this defendant, and persons acting in concert with it, from "requiring and permitting segregation of the races in any school under their supervision, from and after such time as may be necessary to make arrangements for admission of children to such schools on a racially nondiscriminatory basis with all deliberate speed as required by the decision of the Supreme Court in Brown v. Board of Education of Topeka, supra 75 S.Ct. 753, 99 L.Ed. 1083."
In order to avoid the effect of the ruling of this Court in this case requiring desegregation in the public schools of the City of New Orleans, the Legislature of the State of Louisiana passed Act 319 of 1956.2 Relying on Section 43 of that Act, the defendant herein has moved to vacate this Court's injunction and dismiss the litigation on the ground that, by reason of this section, the defendant herein, Orleans Parish School Board, no longer controls the classification of public schools as between Negro and white children.
It would serve no useful purpose to labor this matter. The Supreme Court has ruled that compulsory segregation by law is discriminatory and violative of the equal protection clause of the Fourteenth Amendment. Brown v. Board of Education of Topeka, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083. Any legal artifice, however cleverly contrived, which would circumvent this ruling, and others predicated on it, is unconstitutional on its face.4 Such an artifice is the statute in suit.
Motion to dismiss denied.
1 Bush v. Orleans Parish School Board, D.C., 138 F.Supp. 337, 342, affirmed 5 Cir., 242 F.2d 156, certiorari denied 354 U.S. 921, 77 S.Ct. 1380, 1 L.Ed.2d 1436.
3 Section 4 of Act 319 of 1956 reads:
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