Parris v. School Committee of Medford, Massachusetts

• Decision Date: 31 October 1969
• Docket Number: Civ. A. No. 69-908-C.
• Citation: 305 F. Supp. 356
• Parties: Weedon G. PARRIS, Jr., et al., Plaintiffs, v. SCHOOL COMMITTEE OF MEDFORD, MASSACHUSETTS, et al., Defendants.
• Court: U.S. District Court — District of Massachusetts

305 F. Supp. 356

Weedon G. PARRIS, Jr., et al., Plaintiffs, v. SCHOOL COMMITTEE OF MEDFORD, MASSACHUSETTS, et al., Defendants.

Civ. A. No. 69-908-C.

United States District Court D. Massachusetts.

October 31, 1969.

Henry F. Owens, III, Owens, Dilday & Brown, Boston, Mass., for plaintiffs.

Mark E. Gallagher, Jr., Medford, Mass., for defendants.

OPINION

CAFFREY, District Judge.

This is a civil action in which jurisdiction of this court is invoked under 42 U.S.C.A. §§ 1981 and 1983, and 28 U.S. C.A. §§ 1343, 2201 and 2202. Plaintiffs are residents of Medford, Massachusetts, and the complaint describes them as "black parents of black children duly qualified to attend school in the Medford, Massachusetts Public School System." Defendants include the School Committee of the City of Medford, the Superintendent of Schools, the Assistant Superintendent for Elementary Education, and a Principal in the Medford school system. Plaintiffs purport to bring this action on behalf of themselves and on behalf of "all similarly situated black citizens * * * who live in the City of Medford, Massachusetts."

Plaintiffs seek declaratory and injunctive relief "restraining defendants from maintaining a policy, practice, custom or usage of: (a) discriminating against plaintiffs and other black persons in this class because of race or color with respect to terms, conditions and privileges of education, and (b) limiting, segregating, and classifying plaintiffs in ways which deprive them and other black persons in this class of equal educational opportunities, the equal protection of the laws, and otherwise adversely affect their status as citizens because of their race and color."

Plaintiffs allege that respondents are applying Mass. General Laws, ch. 71, secs. 37C and 37D, in such a manner that the black children and black parents are being denied the equal protection of the laws. More narrowly, plaintiffs allege that there is one racially imbalanced grammar school in Medford, namely, the Hervey School. They further allege that prior to the filing of this case the respondents initiated a plan to alleviate racial imbalance in that school by bussing black children who live within the confines of what has been designated as the Hervey school district, to other grammar schools outside that district, namely, the Gleason, Waite, and Dame Schools. They specifically allege that no white children are being transported into the Hervey school district, although white children are being transported from one school district to another for the purpose of alleviating overcrowded conditions.

The following background facts have been established by the affidavit of Superintendent of Schools John Houston (Deft. Ex. A):

"The City of Medford is an incorporated municipality, located in Middlesex County of Massachusetts, and as of the 1965 census, contained 60,422 people, of which approximately 1.7% are black. The land area of the city is 8.22 square miles. Its form of government is known as `Council-Manager' (Plan E), Massachusetts General Laws, Chapter 43, sec. 93ff. It has an elected School Committee, and the Mayor of the City Council is Chairman of the Committee, by virtue of his office. The form of government has not changed during the period of time material in this case.

"The School Committee of the City of Medford is governed by Chapter 71 of the General Laws of the Commonwealth of Massachusetts, and with reference to the subject matter of this suit, is subject to sec. 37C and sec. 37D thereof. These two sections were added to the General Laws and became effective August 18, 1965. They are designed to promote racial balance and to encourage plans for the elimination of racial imbalance. The plaintiffs here allege as the gravamen of their complaint that the defendants are applying the above referred to sections of the law in such a way as to deprive black citizens of the equal protection of the law by discriminating against them, and that such action is being done by the Superintendent of Schools, the Assistant Superintendent of Schools, the Principal of the Hervey School, and the School Committee of the city, in accordance with the implementation of a school committee plan affecting racial imbalance.

"In 1964, prior to the enactment of the Racial Imbalance law, the school authorities of the City of Medford became convinced that there was racial imbalance in the Hervey School, an elementary school. This school is located in the West Medford area of Medford, and in that portion of West Medford which has become predominantly black, although there has been for well over seventy-five years a substantial black community residing in that area.

"The dwellings of the area are owner-occupied for the most part. It is not a depressed area. The area is, except for some neighborhood stores, almost entirely residential in character.

"In 1964, a racial imbalance study was authorized, and the Superintendent of Schools made a report on the matter, dated May 20, 1965. This report contains, on page 17, a reference to the beginning of the imbalance at the Hervey School, and the report makes, in Chapter 5, beginning at page 22, specific plans for overcoming a racial imbalance. This plan was adopted by the School Committee. (The May 20, 1965 report is in evidence as Plaintiff's Ex. 2.)

"The plan called for the elimination of the fifth grade at the Hervey, for an enlargement of the Gleason School district for the first four grades, by adding streets, the residents of which were black, and by assigning to another school district—the Waite School district— black pupils from Monument Street and Sharon Street. Also voluntary bussing to the Dame School was included.

"Massachusetts General Laws, Chapter 71, sec. 37D, prohibits the bussing of children out of their attendance district if there is any parental objection.

"The plan was reviewed with representative groups of parents of students affected in individual and group meetings. It had the approval of the area residents.

"The Superintendent of Schools received a Certificate of Commendation from the Boston Chapter of the NAACP, in connection with the solution of a problem. The School Committee also received a commendation from the State Board of Education.

"There was never any declaration by the State Board of Education of racial imbalance in any school in Medford. The plan adopted was a voluntary plan, not one imposed by Chapter 71, sec. 37D of the Massachusetts General Laws.

"There was no complaint or resentment formally expressed about the plan while in operation during a period of more than three and one-half years. This would include complaints directed to the School Committee of the City of Medford, to the State Board of Education or by resort to Court.

"During the time that this matter was under consideration, the City of Medford school system consisted of seventeen Elementary Schools, three Junior High Schools, and a High School. In November of 1965, the High School sustained a severe loss by fire and some of the school problems in Medford have been influenced by this loss. A new $18,000,000.00 High School complex now under construction will be in operation no earlier than September 1970.

"On March 17, of 1969, the question of racial imbalance and the conduct of the plan was, for the first time since its inauguration, formally brought to the consideration of the School Committee. A copy of the minutes of the meeting, marked `G', is attached as part of Defendant's Ex. A. The matter began with a letter from the wife of one of the plaintiffs of this bill. Subsequently, the Superintendent prepared an up-dated report on the subject matter, and submitted it to the School Committee, copy of which, marked `H' is attached as part of Defendant's Ex. A. The plan, in an oversimplified way, would create a whole new concept of school lines and attendance areas. It would require the retention of some of the facilities remaining after the fire in the old High School area.

"The enrollment at the Hervey School showed, in 1965, a total of 163, of which 100 were white and 63 non-white. In 1966, the total was 162, of which the white was 103 and the non-white 59. The 1967 enrollment total was 164, of which the white was 98 and the non-white 66. In 1968, the total was 165, of which the white was 96 and the non-white was 69. Over the whole school system of Medford, in 1965, the total number of pupils was...