Walker v. Robbins Hose Co. No. 1, Inc.
| Citation | 465 F. Supp. 1023 |
| Decision Date | 08 February 1979 |
| Docket Number | Civ. A. No. 74-172. |
| Parties | William WALKER, Plaintiff, v. ROBBINS HOSE COMPANY NO. 1, INC. and Ronald E. Dear, Fred Seamans, Narty Garrison, Carleton Dill, Raymond Osika, Individually and as directors of Robbins Hose Company No. 1, Inc., and Harry T. Pusey, William C. Hamilton, Charles H. Boyer, and Samuel Heite, Individually and as officers of the Robbins Hose Company No. 1, Inc., Defendants. |
| Court | U.S. District Court — District of Delaware |
John S. Grady, of Bader, Dorsey & Kreshtool, Dover, Del., for plaintiff.
Nicholas H. Rodriguez, of Schmittinger & Rodriguez, P.A., Dover, Del., for defendants.
William Walker ("plaintiff"), a black citizen, brought this action against the Robbins Hose Fire Company (the "Fire Company") and its directors and officers, alleging that they had denied his application for probationary membership on the basis of race and that the Fire Company's recruitment, application and membership processes are racially discriminatory. The plaintiff instituted the suit as a class action, and on November 24, 1975, the Court conditionally authorized him to proceed on behalf of all similarly situated "black person of eligible age residing in the Dover, Delaware area."1 Two years later, however, the Court decertified the class action aspects of the case because the plaintiff had failed to satisfy the numerosity requirement of Rule 23(a)(1), F.R.Civ.P.2 In another Memorandum Opinion and Order, filed December 28, 1976, the Court denied the plaintiff's motion for summary judgment on the issue of liability, but held that the policies, procedures and practices of the Fire Company in connection with the selection of new members constituted state action within the meaning of 42 U.S.C. § 1983.3
Initially, the plaintiff asserted claims for damages, as well as declaratory and injunctive relief, under 42 U.S.C. §§ 1981, 1983, 1985 and 2000d.4 He also demanded a jury trial. At the pre-trial conference, however, the plaintiff elected to proceed to trial only on his claims of discrimination based on 42 U.S.C. §§ 1981 and 1983. He dropped all other causes of action and abandoned his claims for monetary damages.5 Because the plaintiff had confined his request for relief to an injunction (1) requiring the Fire Company to grant him probationary membership and (2) prohibiting future use of discriminatory personnel procedures, the Court determined that the parties were not entitled to a jury trial.6 A three day trial to the Court commenced on June 19, 1978 and the case is now ready for final disposition.7 This Opinion constitutes the Court's findings of fact and conclusions of law in accordance with Rule 52(a), F.R.Civ.P.
The Robbins Hose Fire Company was founded in 1882 and since that date has provided fire fighting protection and services to the Greater Dover area. (PX 11). All members of the Company are volunteers who receive no monetary compensation whatsoever for their services as fire fighters. (PX 11). The Fire Company relies upon donations from the community and appropriations from the State, County and City governments to finance the purchase of its equipment and to sustain its operations. Indeed, more than one-half of the Company's regular income comes from governmental sources. (PX 11; PX 3, ¶ 6).8
The Fire Company is incorporated under the laws of Delaware; its corporate officers include a President, Vice President, Secretary and Treasurer. (DX 8). These officers together with the Board of Directors manage the Company's administrative affairs. The Company also has several operational officers, whose duties are spelled out in the Dover City Charter. (PX 2, §§ 2-51, 2-52, 2-53). The Fire Chief is the principal officer and has full control of the Company at all fires. The Charter also provides that: "The City Council shall have general control of the Fire Department and shall enact rules and regulations to govern its conduct." (PX 2, § 2-46). Based on these and other facts recited in an earlier opinion, the Court has found that "the conduct of the Company in general and its membership policies in particular must be regarded as state action." (Docket Item 59, p. 17).
The Fire Company has never recruited members in its entire history; an applicant has always been expected to step forward on his own and volunteer his services. (PX 1, Answer to Interrogatory No. 17). There are three types of members: auxiliary, probationary and life members. Auxiliary members are between the ages of 16 and 21 and serve under the direct supervision of the Fire Chief. (Hamilton, A-9, 10).9 In February 1974 there were seventeen auxiliary members. (PX 1, Answer to Interrogatory No. 36). Persons over 21 years of age who apply and are accepted are placed on probation for a period of one year. During that year probationary members must attend at least five-sixths of the regular meetings of the Company, the same percentage of all fire schools, and two-thirds of all alarms of fire, or furnish a reasonable excuse for failing to do so. (PX 3, By-Laws, Art. XVIII, Sec. 5). To become a life member of the Fire Company a person must successfully complete the one-year probationary period, pass examinations in salvage, first aid, and general fire fighting with grades of 75 percent or more in each, and finally, receive the approval of either the investigating committee or a majority of the life members present and voting at the next regular meeting. (DX 8).
The original by-laws of the Company, adopted December 11, 1882, limited membership to "respectable white males." On June 27, 1960, the requirement that an applicant be white was deleted. (DX 7, p. 17). In February 1974 when the plaintiff applied for probationary membership, the applicable provision read as follows:
Any respectable citizen residing in the City of Dover or Robbins Hose Company fire district and sic is twenty-one (21) years of age, may apply for membership in the Company. . . .
(PX 3, Art. XVIII, Sec. 1). The Fire Company has never publicized the fact that its by-laws no longer exclude blacks from membership. (PX 1, Answer to Interrogatory No. 16). In 1960 when the change was made, however, a local newsman reported it over a local radio station and in the local newspaper. (DX 21 (McSherry dep.), p. 8).
No black expressed an interest in applying for membership in the Fire Company until the latter part of 1973, when three blacks, including the plaintiff herein, requested and obtained applications. (DX 1). None of those applications were returned to the Company with the requisite ten dollar application fee, however. (DX 1). Thus, the plaintiff Walker became the first black actually to apply for membership when he submitted his application with the fee on February 4, 1974. (DX 1).
In 1973 the Company received a federal revenue sharing grant through the City of Dover in the amount of $600,000 to be used for renovating and adding to the fire house. (PX 3, ¶ 1). Upon hearing of the proposed revenue sharing grant, Wilbert L. Cooper, president of the Central Delaware Branch of the NAACP, filed a complaint with the Office of Revenue Sharing contending that the Fire Company discriminated against blacks. (Cooper, B-41, 58). Thereafter, the Office of Revenue Sharing halted the funding of the project and instituted an investigation. (Pusey, A-178). As a result of the investigation, the Company was asked to amend certain portions of its constitution and by-laws. (Pusey, A-178). The Company agreed to make the suggested amendments and formally adopted them on April 1, 1974. (Pusey, A-178; DX 8). Soon after the federal funds were restored, Walker's application for probationary membership was rejected and Cooper filed another complaint alleging racial discrimination with the Office of Revenue Sharing. (Cooper, B-59; DX 14). During the pendency of the second investigation, the federal funding was again halted. (Pusey, A-179). The office of Revenue Sharing eventually resumed the funding and the building program was completed. (Pusey, A-179).10
Between the time of Walker's rejection and the trial in this case, four other black persons applied for membership. The Company accepted all four blacks as probationary members, but none of them became life members. Thus, the Fire Company had no black members at the time of trial. Raymond Mitchell, Jr., applied for probationary membership on April 1, 1974, and was accepted on May 6, 1974. (Mitchell, A-146). Five months later, Mitchell resigned because he had moved out of the Robbins Hose fire district. (DX 12). A second black, David Lewis, became a probationary member on May 3, 1974. (Mitchell, A-147). Lewis resigned on December 30, 1974, citing personal problems that caused him to take a second job. (DX 11). Another black, Benny Smith, also voluntarily resigned after being accepted as a probationary member (Mitchell, A-147; Grady Stipulation, A-203). Finally, Carl Williams became a member of the Fire Company in late 1974. Williams did not complete his probationary year because he failed one of the examinations required for life membership. (Boyer, A-205).11
In February 1974 when Walker applied for probationary membership, there were approximately 116 life members of the Fire Company in the Dover area and roughly 50 other life members living elsewhere. (PX 1, Answer to Interrogatory No. 36).
The plaintiff alleges that the recruitment, application and membership processes of the Fire Company are racially discriminatory. As noted earlier, the Company has never actively recruited members. The record indicates, however, that while no one actively solicits applicants, many of those who have applied have had friends or relatives who are or were members of the Fire Company. (Mitchell, A-118, 119). In 1974 approximately 20 percent of the members were related to each other. (Mitchell, A-97, 98; Kemp, B-21)....
To continue reading
Request your trial
-
Bronze Shields v. New Jersey Dept. of Civil Serv.
...v. Saxbe, 546 F.2d 693, 705 (7th Cir. 1976); Colaizzi v. Walker, 542 F.2d 969, 972 (7th Cir. 1976); Walker v. Robbins Hose Co., No. 1, Inc., 465 F.Supp. 1023, 1044 (D.Del.1979) (dictum); Arnold v. Ballard, 448 F.Supp. 1025, 1027-28 (N.D.Ohio 1978); Milburn v. Girard, 441 F.Supp. 184, 188 (E......
-
Guardians Ass'n of New York City Police Dept., Inc. v. Civil Service Com'n of City of New York
...1976) (equating § 1981 with constitutional standard in suit alleging discriminatory selective law enforcement); Walker v. Robbins Hose Co., 465 F.Supp. 1023, 1044 (D.Del.1979) (although unnecessary to decide issue because intentional discrimination found, view that § 1981 requires proof of ......
-
Gay v. WAITERS'AND DAIRY LUNCHMEN'S UNION, LOCAL NO. 30
...v. Hannon, 469 F.Supp. 1142 (N.D.Ill.1979); Rich v. Martin Marietta, 467 F.Supp. 587, 617 (D.Colo.1979); Walker v. Robbins Hose Co. No. 1, Inc., 465 F.Supp. 1023, 1044 (D.Del.1979) (dictum); Flora v. Moore, 461 F.Supp. 1104, 1116 (N.D.Miss. 1978); Stewart v. City of Pontotoc, Mississippi, 4......
-
Stefanoni v. Darien Little League, Inc.
...participation in purely voluntary, non-profit activities is within the scope of this statute. See e.g., Walker v. Robbins Hose Co. No. 1, Inc.,465 F.Supp. 1023, 1025, 1048 (D.Del.1979)(finding a Section 1981violation based on claims that a volunteer firefighter organization discriminated in......