Paschal v. Perdue, Civ. No. 70-1449.

• Decision Date: 22 December 1970
• Docket Number: Civ. No. 70-1449.
• Citation: 320 F. Supp. 1274
• Parties: Andrew E. PASCHAL, a minor, by and through his father and next friend, George P. Paschal, Sr., Plaintiffs, v. John PERDUE, Central High School, Mrs. Francis Wouters, John Lester, Jack Fitzgerald, Sam Taylor, Ed Raikes, St. Lucie County School Board, Florida High School Activities Association, Inc., a Florida corp., and John Carroll High School, Defendants.
• Court: U.S. District Court — Southern District of Florida

320 F. Supp. 1274

Andrew E. PASCHAL, a minor, by and through his father and next friend, George P. Paschal, Sr., Plaintiffs, v. John PERDUE, Central High School, Mrs. Francis Wouters, John Lester, Jack Fitzgerald, Sam Taylor, Ed Raikes, St. Lucie County School Board, Florida High School Activities Association, Inc., a Florida corp., and John Carroll High School, Defendants.

Civ. No. 70-1449.

United States District Court, S. D. Florida, Miami Division.

December 22, 1970.

James A. Weck, Pompano Beach, Fla., for plaintiffs.

John T. Brennan, of Carlton, Brennan & McAliley, Fort Pierce, Fla., for defendant John Carroll High School.

Harry C. Duncan, of Clayton, Duncan, Johnston, Clayton, Quincey, Ireland & Felder, Gainesville, Fla., for defendant Florida High School Activities Assn., Inc.

Errol S. Willes, of Willes, Bittan & Willes, Fort Pierce. Fla., for remaining defendants.

MEMORANDUM OPINION AND FINAL JUDGMENT

ATKINS, District Judge.

Although there is no federal constitutional right to play football, there is a federally enforceable right under the equal protection clause not to be denied eligibility, by state action, to play football solely because of the color of the player's skin. Title 28 U.S.C. § 1343, more commonly known as the Civil Rights Act of 1964.

Plaintiffs, residents of Fort Pierce, Florida, seek injunctive relief under the Civil Rights Act of 1964 against the St. Lucie County School Board (School Board) and the Florida High School Activities Association (FHSAA) to require execution of a waiver that would permit Andy Paschal to play football this season at John Carroll High School, a school operated under the aegis of the Diocese of Orlando. He transferred to John Carroll after being a first string member of the 1969 varsity football team at Dan McCarty High School. Both schools are in St. Lucie County. The principals of both schools are members of the Association which controls eligibility of team players in athletic contests among member high schools in Florida.

On or about May 1, 1970, Defendant John Perdue was appointed Principal of defendant, Central High School, which was a new high school opened to students in September, 1970. Students at that school consisted primarily of students from Dan McCarty High School and the students of Lincoln Park Academy, a predominantly Negro facility which had been closed as a result of efforts to integrate the St. Lucie County School system. Students formerly attending Dan McCarty High School and Lincoln Park Academy were, if meeting other eligibility requirements, eligible to participate in inter-scholastic activities at the newly created Central High School. It became the only high school operated by the Board. In the Spring of 1970, Andy Paschal's deteriorating academic performance motivated his parents to transfer him to John Carroll High School at the beginning of the 1970-71 school year. It was this transfer and the ensuing ineligibility to play football that brings Plaintiffs before this Court.

This controversy had its origin in May, 1970. During that month a meeting was held between certain officials of the John Carroll High School and the Central High School to discuss the question of eligibility of athletes transferring from one school to the other.¹ Mr. John Perdue, being ill and unable to attend the meeting, was represented by Mr. Robert L. Jefferson, then Assistant Principal of Central High School. John Carroll was represented by its Principal, Sister June Elizabeth. Although the evidence is in conflict as to whether an agreement regarding waivers was reached at this meeting, it is not necessary for this Court to reconcile this conflict in order to resolve the instant issues. Mr. Jefferson testified that he was under the impression that a waiver agreement had been reached between the two schools and he so reported to his superior, Perdue. Regardless of whether or not an agreement had, in fact, been consummated, the strong arguments made by Central High School representatives in support of the waiver agreement together with the admission by Sister June Elizabeth that she did not, at the meeting, vocalize her objections to said agreement, makes it plainly reasonable for Mr. Jefferson to have left the meeting feeling that an agreement had been concluded.

In May, 1970 Andy was informed that he would be unable to play football for John Carroll High School during the 1970-71 school year inasmuch as Mr. Perdue would not sign the necessary waiver. The message was repeated at a meeting held between Andy, his parents, and Mr. Perdue on August 26, 1970.

Perdue's expressed reason for declining to sign a waiver as to Andy Paschal was the "agreement" with John Carroll. While I find there was not a formal agreement, Perdue had reason to believe that an understanding existed between the two schools. Thus, Perdue's reference on several occasions that Paschal's tranfer would precipitate others to do likewise and could result in their being left with an all-black team must be considered in total context. It is then realized that he was not declining to sign the waiver because Andy was white.

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