Motion to Vacate Stay and for an Order Directing Immediate Desegregation

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UNITED STATES COURT. OIF APPEALS { 

POR THE POURTH CIRCUIT 

{ M1 S50. NO. G23 | 

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JAMES E. SWANN, et al., 
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Appellees, 
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THE CHARLOTTE-MECKLENBURG 
BOARD OF EDUCATION, et al., 

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MOTION TO VACATE STAY 

AND FOR AN ORDER 

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DIRECTING IMMEDIATE DESEGREGATION 

  

1 Plaintiffs, by their undersigned counsel, respectfully 

move the Court to vacate the stays which have been entered 

herein and to direct immediate desegregation of the Charlotte- 

i Mecklenburg Schools. As gounds for their motion, plaintiffs 

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i respectfully show the Court as follows: 

¥ l. On February 5, 1970, after extensive hearings and Ie)
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consideration of the record, the District Court directed the 

$3 

Charlotte~Mecklenburg Board of Education to implement a plan 

(M
N for complete desegregation of the schools consistent with the 

| “mandates Of Green Vv. School Board of New Kent County, 291 U, 8S. 

  

  
  

: 430 (1968); Alexander v. Holmes County Boa: td of Education, 396 

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U.S. 19 {1%69) and Carter v. Vest Yeliciana Parish Sc] hool | Loh Ye hoot Yo db lalia Falls] DLloL. 

! T T y * Vel ra ioride te.» -~ \ iy Bn a 7 Vf le ry ok Los Board, U.S. (Jan. 14, 1970). Twenty (20) days thereafter, | 
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3 As yo ~ RS 7% deo rd 

Nad manner speci fied. 

Supreme 

ed, "i | implemented pend ring and determinat 

accelerated t From such 

appeal an District Court 

respect defendants’ TO 

*osts and administrative problems i 

Maych 21, 1970, supp 

and a memorandum. The 

defendants' claims of the number of buses, t 

and the lack avail 

for implementing the cross-busing provisions o 

“ 

Order were exaggerated. The Court made specif 

with respect to the number of buses that would 

number of students who would need transportati 

—~ 

funds Jo
t and ity ‘of 

February 5 Order. The Court 

were available, that 

Court were 

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the plan as directe 

found that facilit! 

additional 

extensive 

lemental 

distance in 

lable 

f the February 

ic findings 

be needed, 

on, the costs 

and funds 

rected by 

facilities 

5 

the 

  

  
  

 



  

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I 3 D dants h acai v y stav H . LelAadllls VE alia lil HOVE td: ALOU TL Od C wo lay Ol | 

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i! ny) A rey he . ~L TT Tina ar. I “i 3 we pia IR 8 pant daz cs, ln J Ty ! 
fH all provision Ol he February 5 Order, agaln contending that | 
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i +C 18S IMPOSE ble CO imple nent tn plan. I'he defendants again 
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i @ 2 . Fem ries es wy «oe gy 1 3 3 ~3 ’ ye : of 

relied on grogs.ly milsrecpirogsents and distorted esti: Lag Of 

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i COST « Aq ado ey 1 ~ - ~ 1 1 jg I ~ £ - eo ~47 1 1 4+ 7 { COSTS, a Calile aI avValiabi LLY OL und ana gClLlitl1eS., 

i OANA “= Mey a hs pn oy - NT ~ = JAE i BEI I | i ’ J, ae Im: - wid _ 
: Fenoing consideration Of derendancs LALESE MOLION “IO Stay, 

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! . i 0 Va 4 -~ " a aprile Am - ~NY r x “3 Vou vip ~ la ' 

| the District Court on March 25,: 1970 issued a stay of the - 

  

. ~ Ry fT ved. 3.3 hs ~~ A ~ re wise Fre ~~ PY. rn : 5 wt fon —— 
reasoned that this Court and apparently the Supreme Court have 

~v sl 3 ~ ‘ 0 _ vy wy. Tr 1 1 - , RL £T A - i dh : ~ 

now changed their mind about the obligation of school officials 

+0 aCCoOr 71113 1 TOT EC ol ! 11] TE EN “ey MH aCCOXrqd egual protitection €O all cliclizens ana have 

] hs rl ] TIS 2 Ep vy Lp 3 pide re en i. Le a. pe wn SE mW re wT A wey Ao 
demons trated an interest in the costs ana i1nconvenlience and 

  

produce in 

factors which, though bussing was not s ically mentioned, 

“ ' Fourth Circuit Court or the Supreme Court when Holmes 

   Greenville, and Statesville were decided®™. Plaintilfd 

ind "- - Rh Ve J j 4 FI, agen, : a Age. Trey Sg ” [ 3 t i l Pr . fully submit that in staying its order, tl District Court 

erred and that this Court should now vacate the stay entered 

    by the stay entered by this Court on 

;. Bh. - $1 

March 5. The defenda directed to implement the 

  

' 

February 5 Order of the District Court forthwith. 

District Court, it was found as a fact that the defendant has   
the means and facilities to immediately implement the 

February 5 Order. The supple    

- r y. = np 2) we dae TR, TR Te ST A 4 oe ma le 2a ie WY. SORPY Te NR Se 

Court of the same date chronicles, the history of thas 
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litigation. The supplemental findings and memorandum make plain 

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| thelr class the 12 Lght 5. GAs alXel TO. Df Cel s org chan Lili ceey { 
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(] 5) Veal: adO. 1'he only Yeason now adv: C ll i Furie delay ; 

. ME PC Ea i, Se INT Dench BETO SA Se re ri Uy. vi Pv ve AA rN rd wn Pi nl 5 ~~ 
speed’ . No administrative reasons are advanced or could be   

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other than the School Board's, and perhaps some members of the 

community desire to further perpetuate a racially segregated 
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i school system. Certainly, no reason has been advanced by the 

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District Court, This Court, in its March 5 order only 'in~ 

dicated some desire to have further findings about the 

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transportation involved and the cross-busing aspect of the plan. | 

Court has now supplied the information requested by the Court. 

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[ Moreover, this Court has already held the 

the order, other than cross-busing, must be implemented as 

directed within the teachings of Alexander and Carter. 

31 1 de 2 FL - CFT ve METS TRE a TRIER OE. PT TRI TH Sl TN, a ~ NP oT EARRING. ay Sy i Plaintiffs assume that the mandates of the Supreme Court are 

still in effect and must be implemented by lower federal courts, 

as this Court held in denying the petition for re 

thittenburg v. Greenville County, F.2d , some modification             
- y- - by ny ~ ~ oo v 4 8 NT - irey ade oy on RI, Tigra N nd pb -1 

5. The defendants renewed application for stay, filed 

with this Court, presented nothing which was not before this   Court in the original application. This Court now having the 

benefit of the supplemental finding of the District Court, 

particularly as they establish the availability of funds and 

facilities and the feasibility of now desegregating the 
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Charlotte-Mecklenbu: 

5 Ry HCE is 2 ~~ ~~ NA: 

Or-thig Court olf Maj 

WHEREFOR 

hn r . 3 «l "iy 

arch 25 and shou 

arlotte~Mecklenbur 

olen wa 

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care 
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E, plaint 

  

BP % hr . 3 ey TA ~~ pus A No 
LOY Gel LINE La 6 CLES JX 6 gat LON OX C 

g Public Schools. 

b. 3 bool - er ; Fe 3 - nti respectfully pray that the Cou 

  

arg, Stein, Ferguson pet 

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5t Ten Street 

  

Charlotte, North Carolina 

    

Attorneys for 

  
    

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