Chronological History of the Birmingham School Case (Armstrong v. Board of Education)

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PRESS RELEASE ¢ 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TOCOLUMBUS CIRCLE + NEWYORKI9,N.Y. © JUdson6-8397 — 

DR, ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY my 

President FOR IMMEDIATE RELEASE Preeror-Cowenet September *2i"Foes, 
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CHRONOLOGICAL HISTORY OF THE BIRMINGHAM SCHOOL CASE 

*» Since the courts have been challenged during the current .Alabama 
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chool crisis we are issuing the following sequence of Legal steps 

taken by attorneys of the N.A.A.C,P. Legal Defense Fund on behalf of 

Negro students. ? 

June_17, 1960: 

James Armstrong and two other Negro parents filed suit on behalf 
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of their minor children and all other Negroes similarly situated 

in the United States District Court for the Northern Dis 

Alabama, Southern Division against the Board of Education of the 

City of Birmingham, Alabama, They charged that the Board was 

continuing to maintain a racially segregated public school 

system, The complaint was similar to that used in other school 

desegregation suits and called for an injunction against the 

continued assignment of children and teachers to the school 

system on a racial basis. 

July 18, 1960: 

The School Board answered, but no action was taken by the Court 

for over two years. 

June 13, 1962: 

A second complaint was filed by Rev, T.N. Nelson calling for the 

desegregation of the Birmingham public schocl system. N.A.A,C.P. 

Legal Defense Fund's attorneys moved for an immediate hearing on 

a motion for preliminary injunction. This motion was denied on 

the same day by District Judge Grooms on the grounds that the 

Nelson suit involved the same issues as the Azmstrong suit, 

August _17, 1962: 

The court denied Rev, Nelson's petition for writ of mandamus, 

noting that consolidation of the cases was within the discretion 

of the District Court and that District Judge Grooms contemplated 

a hearing by October 1962, 
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N.A.A.C.P, Legal Defense Fund's attorneys moved for the consoli- 

dation of the Armstrong and Nelson cases, 

The combined Armstrong and Nelson cases came to trial. No 

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October 25, 1962: si 

disposition was made of this motion. 

The trial was concluded and N.A.A.C.P. Legal Defense Fund's 

attorneys were requested to file a brief by December 1, 1962, 

& The defendant school board was given 30 days thereafter to fil 

reply briefs. 

May 6, 1963: 

eae N.A.A.C.P, Legal Defense Fund's attorneys filed motions for 

Re immediate order requiring the School Board to submit a dese 

gation plan. No disposition was made of this motion. 

May 28, 1963: 

The District Court handed down an opinion and separate crders ir 

the Nelson and Armstrong cases, The order consolidating the 

> Nelson case with the Armstrong case was vacated and the Nelson 

action was dismissed. The court held that appellant Armstrong 

did not have standing to sue because he could make no showing 

that an application for the transfer of his children under the 

Alabama Pupil Placement Law, had been made and turned down 
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because of their race, 

a N.A.A.C.P, Legal Defense Fund's attorneys immediately filed 

Notice of Appeal along with the instant motion for an injunction 

e 3 pending disposition of that appeal, slated for the next month, 

July 12, 1963: 

Fifth Circuit court of appeals granted injunction pending appeal 

and reversed District Judge Grooms, The appeals court stated 

that Negroes were entitled to relief and cited the U.S. Supreme 

Court, and called for desegregation for the fall, along with a” 

< desegregation plan, The appeals court stated that the District 

Court should approve the plan. 

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July 19, 1963: 

The District Court ordered that the plan should be brought in. 

August 19, 1963: 

The plan was brought in and called for desegregation of the 12t 

grade. The District Court immediately approved the plan which 

included a proviso for integration of the lower grades. 

However, the court put off N,A,A.C.P, Legal Defense Fund's 

objections of the plan until after school opened. 
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126 Negro students applied. Five were accepted, ~ 
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ditor's Note: 

For further information contact:- 

Jesse DeVore, Jr. 
Director of Public Information, 
NAACP Legal Defense and Educational Fund,inc., 
10 Columbus Circle, 
New York 19, N.Y, 
JUdson 68397 

OR 

Attorney Leroy D, Clarke, 
Gaston Motel, = 
Birmingham, Ala. 
FAirfax 2-4631 (Area Code 205) 

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