Motion for Further Relief

     [||07e746e8-044e-4588-9134-88fafbcb5db9||] IN THE 

UNITED STATES DISTRICT COURT 

FOR THE 

WESTERN DISTRICT OF NORTH CAROLINA 

CHARLOTTE DIVISION 

  
  

JAMES E. SWANN, et al., 

Plaintiffs, 

Ve 

CIVIL ACTION 

CHARLOTTE-MECKLENBURG BOARD 

OF EDUCATION, et al., NO. 1974 

Defendants. 

  

N
t
?
 
N
t
 

N
a
t
”
 

N
u
a
?
 

a
?
 

a
a
”
 

a
t
?
 

u
a
”
 

i
t
 

“
o
u
 

S
u
 

u
e
?
 

MOTION FOR FURTHER RELIEF 
  

Plaintiffs, by their undersigned counsel, respectfully 

move the Court for an order directing the defendants to take 

immediate steps to eliminate the continued racial 1deniisy 

of West Charlotte Senior High School and continued racial 

discrimination with respect to professional personnel and, as 

grounds therefor, the plaintiffs show the Court the following: 

l. By orders of this Court of February 5, 1970 (311 

F. Supp. 265), August 3, 1970 (318 P. Supp. 786) and June 29, 

1971 (328 F. Supp. 1346), the Board was directed to cease 

perpetuating racially segregated and racially identifiable 

schools. The Board was enjoined "from operating any school 

for any portion of a school year with a predominantly black 

  

s
s
 

S—
——

-—
. 
3
 
—
—
 

  

 



  

student body". The orders of the Court were affirmed on 

appeal. See 402 U.S. 1 and 453 F.2d 1377. 

2. Plaintiffs are advised and so allege that during 

the major portion of the 1971-72 school year and during the 

present school year West Charlotte Senior High was operated 

and is now being operated as a predominantly black school. 

Racial statistics furnished by the Board clea 

that the school is still being perpetuated as a racially 

identifiable school. 

3. The Board's statistics indicate that the school 

presently has an enrollment of 620 white students and 605 

black students or 49.4 per cent black. The Board clearly 

knew and should have anticipated the racial composition of 

West Charlotte and could have taken steps by further modifi- 

cation of its "feeder plan" in order to eliminate the con- 

tinued perpetuation of this school as a racially identifiable 

school. Rather; the Board, even after initial assignments, 

continued to transfer black Shpdents into and white students 

out of West Charlotte, further concentrating black students 

in the school. Additionally, the Board has continued to 

under utilize the school solely because it was a previously 

black school. West Charlotte with a 1603 student capacity 

is now under utilized by more than 378 while Independence has 

more than 1030 students in excess of its capacity. All other 

previously white senior high schools, with the exception of 

Harding, have students assigned far in excess of their capa- 

city. This discrimination in student assignments and school 

Se 

 



® ® 

  

utilization further identifies West Charlotte as the black 

senior high school. 

4. Plaintiffs are advised and so allege that the student 

assignments and under utilization of West Charlotte adversely 

affect the kind of educational program that can be afforded 

to students in the school. Because of the under utilization 

of the school, West Charlotte is nani to offer many of the 

special programs and elected courses. West Charlotte is also 

unable to participate effectively in extra-curricular | 

activities. The student assignments and under utilization 

of West Charlotte are depriving the students assigned to the 

school of equal educational opportunities. There is no 

justifiable basis consistent with the Constitution for the 

continued perpetuation of West Charlotte as a racially identi- 

I fiable school under the schemes and devices now employed by 

I the Board of Education. 

5. The plaintiffs are further advised that the Board 

is continuing to employ and assign teachers on the basis of 

race and color. In two recent assignments, the Board has 

indicated its continued adherence to racial assignments of 

professional personnel. A recent vacancy occurred at Myers 

Park High School in the head football coaching position and 

at East Mecklenburg Senior High School in the principal Doni 

The assistant black coach at Myers Park and the assistant | 

black principal at East Mecklenburg were not promoted to 

assume these positions. Rather, the assistant coach at Myers 

Park was assigned as head coach at West Charlotte and the 

De 

 



  

  

Board promoted a teacher at East Mecklenburg to the position 

of acting principal. Similar assignments have been and are 

continuing to be made at other schools throughout the system. 

The Court's injunctive orders in this case have permanently 

restrained the Board from continuing to employ and assign 

teachers on the basis of race and color. 

to comply with the Court's order, however, 

‘and promotions as indicated above as well as in initial 

hirings. 

WHEREFORE, the plaintiffs respectfully pray that the 

Court enter an order enjoining 

for the complete desegregation of West Charlotte and the 

elimination of the school as a 

Plaintiffs further pray that the Court enjoin the 

Board 

on the basis of race and color. 

that the Court award 

relief as the Court may deem the plaintiffs entitled. 

Respectfully submitted, 

= 
ONRAD O. PEARSON 

   

    

  

   
el 44S 

them 

The Board has failed 

in the assignments 

the Board to implement a plan 

racially identifiable school. 

to cease employing teachers and professional personnel 

their 

costs herein including reasonable counsel fees and such other 

  

  
{ 

! 

203 1/2 East Chapel Hill Street 
Durham, North Carolina 

J. LeVONNE CHAMBERS 

Chambers, Stein, Ferguson & Lanning 

237 West Trade Street 

Charlotte, North Carolina 

JACK GREENBERG 

JAMES M. NABRIT, III 

10 Columbus Circle 

New York, New York 

Attorneys for Plaintiffs 

| 

| 
| 

 



  

CERTIFICATE OF SERVICE 
  

The undersigned hereby certifies that he has this day 
- 

served a copy of the foregoing Motion for Further Relief 

upon counsel for the defendant by depositing a copy of same: 

in the United States mail, postage prepaid and addressed to: 

Mr, William J. Waggoner 

Waggoner, Hasty and Kratt 

Attorneys at Law 

Suite 723, Law Building 

Charlotte, North Carolina 28202 

This 7th day of November, 1972. 

  

  vr = V4 . : Miifngt) 

/ Attorney for Plaintiffs [||07e746e8-044e-4588-9134-88fafbcb5db9||]