Motion for Further Relief

     [||df4ee04f-c37a-4f8e-8e34-ee6749421b91||] CHANGERS, STEIN, FERGUSON & ne 

ATTORNEYS AT LAW 
UNIVERSITY CLUB BUILDING 

Jurius LEVONNE CHAMBERS SUITE 730 EAST INDEPENDENCE PLAZA 

ADAM STEIN 

JAMES E. FERGUSON, 

JAMES E. LANNING 

ROBERT BELTON 

CHARLES L.. BECTON 

FRED A. HICKS 

MELVIN L. WATT 

JONATHAN WALLAS 

  

KARL ADKINS 

JAMES C. FULLER, JR. 

11 

157 EAST ROSEMARY STREET 

INDEPENDENCE BOULEVARD AT McDOWELL STREET cuapel HiLL, NORTH CAROLINA 27514 

CHARLOTTE, NORTH CAROLINA 28202 TELEPHONE (919) 967-7066 

TELEPHONE (704) 375.8461 
  

IN CHAPEL HILL 

ADAM STEIN 

CHARLES L. BECTON June 27,1973 

So
y,
 

Miss Elva McKnight 

Chief Deputy Clerk 
United States District Court 
Post Office Building 
Charlotte, North Carolina 28201 

Swann, et al. v. Charlotte-Mecklenburg 
Board of Education, Civil No. 1974 
  

Dear Miss McKnight: 

I enclose original and copy of Motion for Further Relief 

for f£iling in the above action, 

By copy of this letter, I am serving copies upon the 

counsel for defendant. 

Sincerely yours, 

J. LeVonne Chambers 

JLC: Js 
Enclosure: 

cc: William J. Waggoner, Esq. 
William W. Sturges, Esq. 
Conrad 0. Pearson, Esq. 

Jack Greenberg, Esq. 

 



[4 

: 4 

  

TI ATIYIYE" CITY ma fing "YC ) ye. ARAN ar 1M 

UNITED STATES DISTRICT COURT 

STTCOMTI DT ™ 1 my 2 WESTERN DISTRICT OF NORTE CAROLINA 

CHARLOTTE DIVISION 

Plaintiffs, 

Vo 

CIVIL ACTION NO. 1974 

THE CHARLOTTE-MECKLENBURG 
BOARD OF EDUCATION, et al., 

T
t
”
 

P
t
”
 
N
t
 

i
”
 

at
? 

N
a
t
 

Na
t?
 

“a
it

? 
Na
t?
 

r
t
”
 

Defendants. 

MOTION FOR FURTHER RELIEF 
  

Plaintiffs, by their undersigned counsel, respectfully 

move the Court for further relief in the above-styled proceeding. 

Despite the several orders that have been entered in this 

proceeding, enjoining the defendants from continuing policies 

and practices of discrimination and of identifying or perpet- 

vating racially identifiable schools, the defendants have con- 

tinued to perpetuate such practices. Beginning with the 1973-74 

school year, the defendant will operate 84 kindergarten classes 

in 20 schools. All of the kindergarten programs will be 

operated in previously all-white schools and will add to the 

already unequal burden borne by black students in the desegrega- 

tion of the Charlotte-Mecklenburg school system. The plaintiffs 

respectfully pray that the Court enjoin the defendants from so 

| locating these facilities as proposed. They would further 

I perpetuate racially identifiable schools and school facilities | 

r
E
.
 
S
b
 

A 
S
B
 
S
S
 

i! and would substantially increase the already racially discrimina- 

tory burden placed on black students in the desegregation of 

  
 



a
 

a
 

B . 

i 
LE] 
if 

  

the school system. 

l. On several occasions this Court has noted that the 

plan of desegregation now in effect in the system places an 

unfair burden on black children and upon children in certain 

low- and middle-income white communities. See order of October 

21, 1971, Swann v. Charlotte~Mecklenburg Board of Education, 
  

334 F.Supp.623 (WDNC 1971). The Court has also noted that the 

Board's plan of desegregation perpetuates formerly black schools 

as inferior facilities. See order of June 19, 1973. Already 

the former black elementary schools serve atizes 5-6..." All of 

the former black facilities are substantially under-utilized 

while the former white schools Sie substantially overcrowded. 

The under-population of the black schools, which continues to 

exist, places an additional burden on children assigned to these 

schools because of the inability of the schools, with the 

limited enrollment, to offer comparable educational programs as 

other schools in the system. 

2. Notwithstanding the most recent order of the Court 

taking note of the heavy burden already borne by the black 

children in the system and the enjoinder that "[T]his hardly 

squares with what Chief Justice Burger said in the Swann 

opinion." The board now proposes to locate the 84 new kinder- 

garten programs to be operated for 1973-74 in the following 

schools: Barringer, Berryhill, Chantilly, Clear Creek, 

Cornelius, Dilworth, Elizabeth, Highland, Huntersville, Lakeview, 

Lansdowne, Nations Ford, Park Road, Pineville, Pinewood, Plaza 

Road, Rama Road and Statesville Road. The Board proposes to con-! 

{ 

tinue operating the Seversville Child Development Center as well 

as establish a new program in the optional school to be opened 

  
 



  

for the first time for the 1973-74 school year. 

The selection of the above schools for the new kindergarten 

is but another instance of the Board's action in discriminating 

against the black children of the system and perpetuating 

racially identifiable schools. Black children under the proposed 

kindergarten plan will bear the burden of desegregation now 

for 13 years rather than the 12 years during 1971-72 and 1972-73. 

Formerly black schools are further identified as inferior 

facilities to be phased out at the earliest convenience of the 

Board. A stable desegregation plan which is fair to all citizens 

in the community is simply not forthcoming from this Board in 

the absence of an order from the Court directing specific steps 

that the Board should take. 

WHEREFORE, the plaintiffs respectfully pray that the Court 

enjoin the Board from locating the proposed 84 new kindergarten 

programs in school facilities which will place the primary 

burden of desegregation on the black children in the system 

and will perpetuate racial identification of the various schools. 

The plaintiffs further pray that they be awarded their costs 

herein, reasonable counsel fees and granted such other and 

further relief as the Court may deem the plaintiff entitled. 

Respectfully submitted, 

Ll) pn 

J. \LE VONNE CHAMBERS 
Chambers, Stein, Ferguson & Lanning 

} 951 S. Independence Blvd. 

I Charlotte, North Carolina 28202 | | 

  

  

_—
 
a
 

CONRAD O. PEARSON 

203 1/2 Bast Chapel Hill Street 
Durham, North Carolina 27722 

 



Bn 
B
e
 

AN 
I
S
I
S
 

1 
A
N
 

a
n
 

I
I
 

a
 

t
s
 

s 
- 

a 
S
r
 

35 
L
A
A
 
E
E
L
 

 
 

LJ 

LJ 
U
 

U4 
U4 

; 
-
 

Q 
M1 

LJ) 

H
o
 

Ny 
oC 

HH 
OO 

O 
4 

H
M
 

0] 
r+ 

i
 

A 

H
O
 

3 
[SF 

Ye. 
U
H
 

a 
» 

oe 
BE 

1 
ps 

®
 

ay 
4
9
 

Oo 
N
=
 

QQ 
~- 

U4 
or 

A 
B
E
 

EV 
C
d
 

g
y
 

fy 
r
N
 

43 
bn J 

SU 
) 

B
i
o
s
r
t
 

O 
oe 

5 
RIE 

6) 
w 

L) 
» 

i
 

A 
| 

r
o
 

9 
O 

a 
+ 

<
 

oH 
RS) 

i 

fo 
ey 

=
 

S
 

 



  

  

I . : 

1 
| 

» # * 

| 

CERTIFICATE OF £.RVICE 

The undersigned hereby certifies that he has this day 

served copies of the foregoing Motion for Further Relief upon 

counsel for the defendant, by depositing copies of same in the 

United States mail, postage prepaid, and addressed to: 

William J. Waggoner, Esq. 

Waggoner, Hasty & Kratt 

723 Law Building 
Charlotte, North Carolina 28202 

William W. Sturges, Esq. 
Weinstein, Sturges, Odom & Bigger 

810 Baxter Street 
Charlotte, North Carolina 28204 

This 27th day of June, 1973. : 

| oN Fumi 
bi ol rl. JR Am £5 

{Attorney for Plaintiffs, 

| Jord 
i t 

os
 e
n 

st
 m
i
—
—
—
 

| 

| { 
{ 
§ 

\ [||df4ee04f-c37a-4f8e-8e34-ee6749421b91||]