Answer to Complaint

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    6. | 

Answering the allegations of pavagreph Vi; the defendant 

sileges thet 4¢ has veculved La ite efffeisl capseity a 

communication from the Hatieanl Association for the Advancement 

of Colored People by Mee. U, 6, Brooks, President of the 

thoerlotte Bramch thereat, te whieh was sttached the signatures 

of a» ander ¢f persone, snong how vere sone 0f the paveats 

of the miner phatnsdiiie dn shis setion; that ssid conmunicetion 

sought no specific velief 4a sheir buball, The infetmation 

contained dn sald conmmalcassion ss well os thet contained iu 

coununications fveon other sshoel pakvens sad received at public 

hearings haw! been smd Lg bailing covefully considered and veighed 

By the defendant 4a che course of deliberations Lo which L(t hao 

bean ongeged end Ls sow sangaged fow the purpvse of establishing 

ite seboel eavellnent and assignuent policy for the fortheoning 

1965-60 school tesm, Except as herein sduitted, the allegations 

of pavasgraph VI ave denied, 

7s 

The allegations of pasagreph VIL are denied for that this 

defendant holds regular meetings whieh ave open te all school 

patrons and 4t bee always steed wveaudy and willing snd nov stands 

ready asd willing st all prepey tines te hear ony sad all patrons 

of the Public School System whe may seck any change in aay peliey 

eatabliohed by the defendant, 

8. 

The sliegations of pavagraph VILL 2ve denied, 

9. 

The allegations of pevegreph IX ore denled, 

 



  

AND FOR A FURTHER ANSWER AND DEFESSE, THE BEFENDANT ALLEGES: 

ba 

Over an extended period of time this defendant hse moved 

progressively and as vapidly as sduinistrative and school facility 

problems would permit towand p goal of full compliance with 

the requirements of fedeval lew ta its pupil sagédliment and 

attendance policies. Im 1963 it enbarked uvpea a grogram of 

establishing sttendsnce aveas based upon geagraphical factors 

slong with each child in such area ettending or haviag the right 

to attemd the school serving swch srea, In that yeav attendance 

areas weve established for twelve schools for the school year 

1963-64 with the public announcement that the defendant's policy 

contemplated the progvessive extension of similarly established 

attendance areas. The defendant did greatly extend this policy 

for the schol year 196465 by creating attendance avess on a 

strictly geographical basis for some fifty schools, Minutes of 

the defendant for May 31, 1963, snd Mey 14, 1964, record the 

decisions of the defendant wich respect to this program and 

declared its purpose to extend the same, 

2. 

For a considerable period of time prior to the ingcitution 

of this section the defendant wes engaged in oxtensive deliberations 

looking to the enlargement of this pregram and the establishment 

of broad attendance policles for the school year 1965466, and said 

deliberations have been continued and are now in pregress and this 

defendant expects to have such program snd policies fully formulated 

and established before the end of the current achool term; and 

this defendant 1s informed and believes and so elleges that 

such fsects have been well kamown to the plaintiffs. 

 



        

    

  
: BR EIR a CAT A ad pl i Bec 

Np SEA ES Eg Ko FAR Ba A 

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2 he wed pte (EG, EPR TSC 

RARE CL 

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VEEREFPORE, having fully answered the Complaint of the plaintiffs, 

the defendant prays the Sours: 

1. That this action be dienissed, 

2, That no injunction, temporary or permenant, be issued 

ageinet it wpon the Petition of the plaintiffs. 

5. That this Court held and adjudge that ne basis exists, 

anor hae any proper legal groeuamd been shown, for meintaiaing 

clans action in this case. 

4, That further proceedings in this section be stayed and 

held in sbayence until a heariag on any questions of lav ox fact   
taised by the pleecdings end on the merits of the case may be bad 

in the light of school attendance and pupil assignment policies 

to be established by the defendant for the ferthcoming school 

year and thereafter, 

$5. That this defendant recover ite costs and that it have 

such other and further relief as it may be entitled to receive, 

/ 
/ 

  

VA, Va. Chore Sony 

Protk Barkley, 820 Lew Buildin 
Charlotta, BHorth €Carelina ", 

Attorney for the Defendant 

  

HORTR CAROLINA 

HECRKLEWBURE COUNTY 

E, Brock Barkley, counsel fox the defendant in the above 

entitled action, do hereby certify that twe copies of the foregoing 

Answer have this day been deposited in the United States mail 

at the Post Office in Charlotte, North Carolina, addresscd to 

2. LeVonne Chembexs, Attorney for the plaintiffs, whose address 

46 405% Bast Trade Btreet, Charlotte, North Carolina, 

This the 5th day of February, 1965. 

  ii. 

"Brock Barkley 

AF ap BER RR LT 0% en : : ; 
Ady EY ? i pate {Rb ad pd ak Sgt J pA Ee a Ea LAAT £5 

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