Scott v. WINSTON-SALEM/FORSYTH COUNTY BD. OF EDUCATION, C-174-WS-68.
| Citation | 317 F. Supp. 453 |
| Decision Date | 25 June 1970 |
| Docket Number | No. C-174-WS-68.,C-174-WS-68. |
| Court | U.S. District Court — Middle District of North Carolina |
| Parties | Catherine SCOTT et al., Plaintiff, v. WINSTON-SALEM/FORSYTH COUNTY BOARD OF EDUCATION, a public body corporate, Board of County Commissioners of Forsyth County, a public body corporate, North Carolina State Board of Education, a public body corporate, and Dr. A. Craig Phillips, North Carolina State Superintendent of Public Instruction, Defendants. |
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Adam Stein, and Julius LeVonne Chambers, Charlotte, N. C., for plaintiffs.
William F. Womble, and John L. W. Garrou, Winston-Salem, N. C., for defendant Winston-Salem Forsyth County Bd. of Ed.
Roddey M. Ligon, Jr., and P. Eugene Price, Jr., Winston-Salem, N. C., for defendant Bd. of County Commissioners of Forsyth County.
Ralph Moody, Andrew A. Vanore, Jr., and Burley B. Mitchell, Jr., Raleigh, N. C., for defendants North Carolina State Bd. of Ed. and Dr. A. Craig Phillips.
The plaintiffs in the complaint filed in the cause allege that the public schools in the Winston-Salem/Forsyth County Administrative Unit are operated on a racially discriminatory basis in that, among others, attendance zones are gerrymandered to promote discrimination, teachers are assigned to schools where the majority of the students are of the teachers' race, school bus routes are established to perpetuate segregation, school lunch programs are operated on a discriminatory basis both as to quantity and quality, discriminatory practices are engaged in through the hiring of teachers, special schools are established to favor whites, vocational schools are established to favor whites, curricula of the Negro schools are inferior to white, and parking facilities at Negro schools are inferior to white. Succinctly, it might be said that it is contended that in all respects a dual system is being operated. Generally, the prayer of the complaint requests the complete desegregation of the schools and for preliminary and permanent relief.
The action was instituted on October 2, 1968. Following the filing of the complaint, on November 19, 1968, plaintiffs moved to amend the complaint. This motion was allowed. Again on January 13, 1969, the plaintiffs moved to amend the complaint. This motion was denied. Discovery by the parties ensued promptly and several motions, including motions for summary judgment by the defendants other than the Winston-Salem/Forsyth County Board of Education, and objections were filed.
On December 17, 1969, the plaintiffs filed a motion for preliminary injunction. Prior to the filing of the motion, no request, other than the usual request contained in complaints filed in this type action, was made to the Court to hear the matter regarding the issuance of a preliminary injunction. Faced with a heavy schedule of cases already set for trial, but nevertheless feeling that the hearing of the motion should be given some priority, Court schedules were rearranged and the hearing on the motion began January 9, 1970. At the conclusion of the day on January 9, 1970, the hearing was recessed to begin again January 21, 1970. The hearing was concluded on January 27, 1970. On February 17, 1970, the plaintiff's motion for preliminary injunction was denied by an order of the Court containing findings of fact and conclusions of law. Since all the evidence presented at the hearing on the matter of the preliminary injunction is germane to the resolution of issues now before the Court, those findings of fact contained therein will be repeated and expounded upon in this memorandum opinion.
The Court and counsel realizing the urgency for consideration of the issues raised, expedited the hearing of the matter on the merits with full cooperation of counsel representing all parties by dovetailing hearing days on rather short notice into already established court calendars. The hearing on the merits was concluded on April 30, 1970, at which time briefing schedules were established. The record of the hearings is voluminous, consisting of 1,334 pages of transcript and 128 exhibits. The hearings on the preliminary injunction motion and merits lasted nine days.
The Court having considered the evidence presented, briefs and arguments of counsel, makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
Prior to 1963 there were two school systems in Forsyth County. The Winston-Salem School Administrative Unit had jurisdiction over all schools within the corporate limits of the City of Winston-Salem. The Forsyth County School Administrative Unit had jurisdiction over all schools in Forsyth County outside the corporate limits of the City of Winston-Salem. Pursuant to a special act of the General Assembly (Chapter 112, 1961 Session Laws) and by vote of the people of Forsyth County, the two systems were consolidated as of July 1, 1963.
The Winston-Salem/Forsyth County Board of Education has jurisdiction over and is responsible for the operation of all public schools in Forsyth County, North Carolina. Forsyth County is roughly rectangular in shape, its longest East-West dimension being about 26 miles and its longest North-South dimension being about 20 miles. It comprises 424 square miles. The estimated current population of the County is 235,000, of whom approximately 22.5% are non-white. Winston-Salem, the principal city in Forsyth County, comprises 57.5 square miles; it is located in the south-central part of the County and has an estimated current population of about 152,000. Other communities in Forsyth County include: Kernersville, an incorporated town, population about 4,200, located about ten miles east of Winston-Salem; Walkertown, unincorporated, population about 1,240, located northeast of Winston-Salem; Rural Hall, unincorporated, population about 1,500, located about 10 miles north of Winston-Salem; Lewisville, unincorporated, located northwest of Winston-Salem; and Clemmons, unincorporated, population in excess of 2,000, located about 10 miles west of Winston-Salem. Most of the black population of the County resides in the northern, eastern, and to some extent, southern portions of the City of Winston-Salem. Less than 10% of the County's population, outside the City of Winston-Salem, is black.
There are 67 schools in the Winston-Salem/Forsyth County System. Of these, 42 are elementary schools, 15 are junior high schools and 10 are senior high schools. Two of the elementary schools, the Children's Center and The Children's Home, are privately owned and operated. The Winston-Salem/Forsyth County School System provides faculty for these two schools. As of December 19, 1969, there were 50,455 students and 2,099 full-time members of the teaching staff in the Winston-Salem/Forsyth County School System. Of these students, 36,521 (72.5%) were white, 13,879 (27.5%) were Negro, 35 were Indian, 13 were Oriental and 7 were Spanish. Of the faculty 1,535 were white, 561 were Negro, 1 Oriental and 2 Spanish.
The following is a chart showing the name and racial make-up of the schools in this System as of December 19, 1969:
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Forsyth County Board of Education v. Scott 8212 274
...of the system equal to that in the system as a whole. It employed satellite zoning and extensive cross-busing. The District Court, 317 F.Supp. 453, rejected the plan as not constitutionally required and unduly The School Board then submitted its plan for the 1970—u971 school year to the cou......