Motion for Further Relief

     [||68309791-913b-4e8f-89cb-1887fd5558c4||] IN THE 

UNITED STATES DISTRICT COURT 

  

FOR THE 

WESTERN DISTRICT OF NORTH CAROLINA 

CHARLOTTE DIVISION 

  

JAMES E. SWANN, et al., 

Plaintiffs, 

NN. CIVIL ACTION 

.CHARLOTTE-MECKLENBURG 

BOARD OF EDUCATION, et al., 

NO. 1974 

Defendants. 

N
a
t
?
 

N
t
”
 

N
a
 

a
a
 

N
a
t
t
’
 

N
a
t
t
 

Na
at
’ 

a
t
?
 

u
t
”
 

w
a
?
 

“
w
i
t
 

w
a
’
 

  

~ 

MOTION FOR FURTHER RELIEF 
  

The plaintiffs by their undersigned counsel respectfully 

move the Court for further relief in the above-styled proceedin 

and, as grounds therefor, respectfully show the Court the follow- 

1. By order dated June 29, 1971, the Court directed that 

the defendants institute a plan of desegregation for the 1971-72 

school year by either modifying the board's proposed "Feeder Plan" 

by continuing to operate Double Oaks school for grades 5 and 6 

with enrollment reasonably approximating its capacity and continu- 

ing to operate Villa Heights and University Park for grades 5 and 

~~ . ® ul - ; : _ a - por. - nd a iat 38 I oo" . » ’ - pA. . 

6 with enrollments reasonably approximating their pupil capacit 
£ 

=
 0) n
 

If the board elected not to make these modifications in its Feeder 

Plan, the board was to continue operating the schools under the 

 



  

plan previously directed by the court with modifications, as 

previously directed, to remedy the "situations which were allowed 

to develop, mostly in westside schools, under which schools 

became predominately black". The board was again enjoined and 

restrained from operating any school for any portion of a school 

year Within predominately black student body. 

2. Since the June 29 Order of the court, the board has 

elected to discontinue the use of the Finger Plan, approved by 

the February 5, 1970 Order of this court and the April 20, 1971 

decision of the Supreme Court and has decided to implement its 

proposed Feeder Plan with modifications. These HOR Flont ions 

have included, * addition to those directed by the court, re- 

assignment of all 12th grade students to the school that they 

would have attended under the Finger Plan with freedom of choice 

allowed to students in all grades who could find students of 

on April 24, 1971, the board disregarded its conditional transfer 

provision for senior high school students and transferred all 

senior high school students who had indicated a desire to trans- 

fer to another school. This has resulted in resegregation of 

West Charlotte High School, the previously all black school, 

and has substantially reduced the number of students assigned 

to that school for the 1971-72 school year. Additionally, the 

board has permitted transfers of students in other grades in a 

way which has promoted resegregation of schools. The board has 

also failed to determine the correct addresses of students and 

has thereby permitted the assignment of many students to schools 

 



  

other than the ones they were to attend under the board's 

proposed Feeder Plan. This is further tended to resegregate the 

schools. 

3. Since the court's June 29, 1971 Order, the board has 

made numerous changes in the ‘proposed Feeder Plan it previously 

submitted to the court. The board has not filed copies of these 

changes with the court or served copies of same upon counsel for 

the plaintiffs. The board has scheduled the opening of school 

for September 7, 1971. In view of the changes’ that have been 

made and the affect that these changes and the board's adminis- 

tration of these changes have had on the racial composition of 

the various schools, the court should direct that the board 

immediately file copies of these changes with reports showing the 

affect that these changes have had on the racial composition 

of students and teachers for each of these schools for court 

° 

approval prior to the.beginning of the 1971-72 school year. See 

  

Nesbit v. Statesville City Board of Education, 345 F.2d 333 

  
  

(4th Circuit) (1965); Shephard v. Fayetteville City Board of 

Education, F.Supp (E.D. N.C. August 27, 1971) (Show   

Cause Order of Judge Butler directing that the Fayetteville City 

Board of Education show cause why the plaintiffs should not be 

granted a preliminary injunction enjoining the opening of schocel, 

. 

pending the approval of the court of a plan of desegregation In 

which complies with the Constitution and its implementation bv I Y 

the board and directing that the board file with the court copies 

of all plans which the board had considered for the 1971-72 school 

year with statistics showing the racial composition of students 

 



and teachers under each plan). 

  

4. The various changes that have been made by the board 

in its plan for assigning pupils for the 1971-72 school year 

have resegregated several schools in the system and tended to 

perpetuate their racial identity. These changes are clearly 

violative of the orders of the court that the board desegregate 

the various schools and maintain a desegregated school system. 

WHEREFORE, the plaintiffs respectfully move the court 

that the court direct the defendants to submit to the court 

« 

wy 

forthwith, copies of the board's proposed plan for the assignment 

of students and teachers for the 1971-72 school year together 

with statistics showing the projected racial composition of each 

school of students and teachers. 

ae 
The vlaintiffs further prav that the court direct that ¥ y 

the board immediately take steps tc make such changes as our 

necessary to eliminate racially segregated and racially identi- 

fiable schools in compliance with the previous orders of the 

Respectfully submitted, 

  

  

Y bh RAL ON 

203 1/2 East Chapel Hill Street 

Durham, North Caro 

J. LeVONNE CHAMBERS 

ADAM STEIN 

Chambers, Stei 

West Trad 
Charlotte, North Carolina 

  

GREENBERC( 

M. NABRIT, III 

RMAN CHACHKIN 

Columbus Circle 

New York, New York 

Attorneys for Plaintiffs 

 



CERTIFICATE OF SERVICE 

  

The undersigned hereby certifies that he has this served 

copies of the foregoing Motion For Further Relief upon counsel 

for the defendants by depositing copies of same in the United 

States mail, postage pre-paid, addressed to: 

William J. Waggoner 

Waggoner, Hasty & Kratt 

Attorneys at Law 

723 Law Building 

Charlotte, North Carolina 28202 

This 27th day of August, 1971. 

  

MH torney for Plaintiffs [||68309791-913b-4e8f-89cb-1887fd5558c4||]