Tonkins v. City of Greensboro, North Carolina

• Decision Date: 23 May 1958
• Docket Number: Civ. No. C-61-G-58.
• Citation: 162 F. Supp. 549
• Court: U.S. District Court — Middle District of North Carolina
• Parties: Deloris TONKINS, Ruby P. Taylor, John Sneed, Mable Jackson, James Webster, Adam Stewart, Hershey Crenshaw and Julia Holly, on behalf of themselves and others similarly situated, Plaintiffs, v. The CITY OF GREENSBORO, NORTH CAROLINA, a municipal corporation, and James R. Townsend, City Manager of the City of Greensboro, North Carolina, Defendants.

162 F. Supp. 549

Deloris TONKINS, Ruby P. Taylor, John Sneed, Mable Jackson, James Webster, Adam Stewart, Hershey Crenshaw and Julia Holly, on behalf of themselves and others similarly situated, Plaintiffs, v. The CITY OF GREENSBORO, NORTH CAROLINA, a municipal corporation, and James R. Townsend, City Manager of the City of Greensboro, North Carolina, Defendants.

Civ. No. C-61-G-58.

United States District Court M. D. North Carolina, Greensboro Division.

May 23, 1958.

Constance Baker Motley and Thurgood Marshall of New York City, C. O. Pearson of Durham, N. C.; J. Kenneth Lee and Major S. High of Greensboro, N. C., for plaintiffs.

H. J. Elam III, John F. Yeattes, Jr. and J. L. Warren of Greensboro, N. C., for defendants.

STANLEY, District Judge.

This is an action for a declaratory judgment and injunction brought by several Negro citizens and residents of the City of Greensboro, North Carolina, on behalf of themselves and others similarly situated, against the City of Greensboro and its City Manager, in which the Court is asked to issue a preliminary injunction, pending the final determination of the cause, and a permanent injunction upon its final determination, (1) enjoining defendants from refusing to permit plaintiffs, and members of the class which they represent, to use the Lindley Park Swimming Pool in the City of Greensboro, North Carolina, solely because of the race and color of the plaintiffs and members of their class, and (2) enjoining defendants from selling the Lindley Park Swimming Pool for the sole purpose of avoiding their duty to operate same on the same terms and conditions for both Negroes and white citizens and for the sole purpose of denying the constitutional right of plaintiffs, and others similarly situated, to use said pool under the same terms and conditions applicable to white persons. The jurisdiction of the Court is invoked under Title 28 U.S.C. Section 1343(3).

With their original complaint, which was filed on March 31, 1958, plaintiffs filed a motion for preliminary injunction alleging that defendants were seeking to dispose of the Lindley Park Swimming Pool by sale on April 1, 1958. The motion came on for hearing on April 8, 1958. On that date plaintiffs filed an amended complaint and defendants filed a motion to dismiss on the ground that complaint failed to state a claim upon which relief could be granted. It was agreed, in open court, that the motion to dismiss might be heard at the same time as plaintiffs' motion for a preliminary injunction, and that the defendants' motion would be directed to the complaint as amended. In support of their motion to dismiss, the defendants introduced all the resolutions and minutes of the City Council of the City of Greensboro regarding this controversy and it was stipulated that these documents might be considered by the Court in support of plaintiffs' motion for a preliminary injunction.

The basic facts are not in dispute.

In about 1937, the City of Greensboro constructed the Nocho Park Swimming Pool which has, since the date of its construction, been operated exclusively for the use of the Negro citizens of the city. During the winter of 1954-1955, the City of Greensboro constructed the Lindley Park Swimming Pool, which was first opened to the public in May, 1955. This pool, which is the subject of the present controversy, has been operated for the exclusive use of white citizens of the City of Greensboro.

The cost of constructing the Nocho Park Swimming Pool is not available, but the cost of constructing and equipping the Lindley Park Swimming Pool was $214,958.31, which does not include any valuation on the land. During the past three seasons the City has realized revenue from the operation of the Nocho Park Swimming Pool of $5,254.90, and revenue from the operation of Lindley Park Swimming Pool of $48,220.04. During the same period the City expended $12,635.70 in the operation of the Nocho Park Swimming Pool and $33,412.56 in the operation of the Lindley Park Swimming Pool. The expenditures do not include such items as depreciation, return on investment, administrative costs, tax losses, and the like.

At a meeting, on July 15, 1957, of the City Council of the City of Greensboro, Mayor George H. Roach noted that a petition, dated June 27, 1957, and signed by some 26 Negro citizens of the city, had been filed requesting that the Greensboro Public Library and Lindley Park Swimming Pool be opened to Negroes. The Mayor then read to the Council the following resolution which had been adopted by the Board of Managers of the Greensboro Public Library at its meeting held on July 3, 1957:

"The Board of Managers of the Greensboro Public Library states that the facilities of the library are available to any citizens of Guilford County who can present satisfactory identification."

The following resolution with respect to the operation of city-owned swimming pools was then adopted:

"Resolution Declaring a Policy As To Public Swimming Pools

"Whereas, a petition has been presented to the City Council requesting that members of the Negro race be allowed to use the Lindley Park swimming pool, which is now used by members of the white race only; and

"Whereas, in the opinion of the City Council, joint use of the pool at this time might disrupt relations between the races which have been harmonious until now; and

"Whereas, the City Council is charged with the duty of preserving the public peace in Greensboro, without which there are no civil rights for any of its citizens;

"Now, Therefore, be it Resolved by the City Council of the City of Greensboro:

"That it be declared to be the policy of the City Council to maintain and operate the public swimming pools of the City for the remainder of the 1957 season in the same manner as they are presently being used; provided, however, that the City Council will, before the 1958 season, give earnest consideration to the problems raised in the petition mentioned above."

Pursuant to the foregoing resolution, the Lindley Park Swimming Pool was operated on a racially segregated basis for the remainder of the 1957 season, and on October 7, 1957, the Council adopted the following resolution:

"Whereas, a petition has been presented to the City Council requesting that members of the Negro race be allowed to use the Lindley Park swimming pool, heretofore used by members of the white race only: and

"Whereas, the City Council resolved to maintain and operate the swimming pools of the City for the remainder of the 1957 season in the same manner as theretofore; provided however, that it would give earnest consideration to the problems raised in the said petition before the 1958 season; and

"Whereas, upon the most earnest consideration, it now appears that the joint use of the swimming pools owned by the City at any time in the foreseeable future would inevitably and gravely disrupt the existing harmonious relations between the races, and the present investments in such facilities might more beneficially be liquidated and reinvested in a type of recreational facility offering service and enjoyment to a greater portion of the population of the City than that now benefiting from the operation of the swimming pools;

"Now, Therefore, be it Resolved by the City Council of the City of Greensboro:

"That a public hearing be held on October 21, 1957, at 4:00 P.M. in the Council Chamber, City Hall, for the purposes of obtaining the views of the residents of the City of Greensboro as to:

"1. Their concurrence in the discontinuance of the operation of swimming pools as a function of the City Government and their disposal as property of the City.

"2. The type of recreational facility or activity most widely desired, if any, in substitution thereof."

On October 21, 1957, in accordance with the foregoing resolution, a public meeting was held at which a number of citizens expressed their views regarding the Council's proposal to discontinue the operation of swimming pools as a function of the city government and their disposal as public property, and the type of recreational facilities or activities most widely desired in substitution of the swimming pools. Most of the persons who appeared and spoke at the public hearing favored the sale of the swimming pools.

Thereafter, on November 18, 1957, the City Council adopted the following resolution:

"Whereas, a public hearing was called and held by the City Council on October 21, 1957, for the purpose of obtaining the views of the people of the City of Greensboro concerning the operation of the public swimming pools and the substitution of other facilities if discontinued, and the City Council has earnestly considered the views expressed at that hearing, which was attended by a large number of citizens, the problems involved in the continued use and operation of the pools, the capital investments therein, and the public use and benefits therefrom; and

"Whereas, the City Council is of the opinion that it is in the best public interest that public swimming pools be no longer operated by the City of Greensboro, and therefore the Lindley Park and Nocho Park swimming pools are no longer required for the needs, purposes and uses of the City, and their disposition should be undertaken by the City Council; and

"Whereas, the City Council is of the opinion that in order to provide the greatest benefit for the most people that any funds received from the sale of said properties should be used for other recreational uses and purposes;

"Now, Therefore, be it Resolved by the City Council of the City of Greensboro:

"1. That the City of Greensboro no longer operate public swimming pools.

"2. That the disposition of the Lindley Park and Nocho Park swimming pools be undertaken by the City of Greensboro.

"3. That the City Manager is directed to submit to the City Council proposed advertisement for the sale of said properties and he is further directed to recommend to the Council the amount of land

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