Defendant's Response to Report of Recommendations to Desegregation Plan

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

RONALD BRADLEY, et al,
Plaintiffs, 

v.
WILLIAM G. MILLIKEN, et al,.

Defendants,
and
DETROIT FEDERATION OF TEACHERS, LOCAL 
231, AMERICAN FEDERATION OF TEACHERS, 
AFL-CIO,

Defendant-Intervenor,
and
DENISE MAGDOWSKI, et al,

Defendants-Intervenor.

Civil Action 
No. 35257

RESPONSE OF DEFENDANT BOARD OF EDUCATION 
FOR THE CITY OF DETROIT AND OTHER DEFENDANTS 

TO REPORT OF RECOMMENDATIONS OF COURT-APPOINTED 
PANEL AS TO METROPOLITAN DESEGREGATION PLAN

j NOW COMES the above-named Defendant Board of Education
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. for the City of Detroit, and other Defendants, and in response
to the report of recommendation of the Court-appointed Panel for

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a metropolitan desegregation plan, says as follows:

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1. The panel noted, in its report that it had not

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made any substantial investigation of building capacity. Build­

: ing utilization would remain substantially as it now is, with
j any inherent inequities in that situation continued.
* I; ; ■ The Detroit Board recognizes and understands the
necessity of eliminating this consideration prior to July 29.

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Production of a comprehensive plan by that date simply did not 

: permit a detailed inquiry into building utilization by the



panel, especially since the very definition of "capacity” may
vary from district to district.

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However, the determination of the Court of Appeals 
to stay implementation has effectively removed that stricture.

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 ̂The Detroit Board suggests that the time which will certainly
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pass prior to implementation could be profitably used in addres-5 '

j: sing this question in the follov/ing manner:
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(a) Development by the panel of a uniform 
definition of building and classroom capacity, 
for the entire desegregation area.
(b) Application of that definition to capa­
city available within the metropolitan area.
(c) Review and modification of the existing 
pupil assignment plan to conform to the new 
capacity figures.

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Failure to do so would allow an inequity which was
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perhaps unavoidable if there was to be full implementation, to 
continue after the reason for permitting it had ceased to exist.

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Implementation of the plan as written could mean that some
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youngsters attending school may encounter conditions of crowding
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igreater than other youngsters xn the desegregation area. A full
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measure of equality would require that the panel use the time

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;at its disposal to incorporate uniform and equitable building 
utilization into its plan.

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2. Likewise, the report should be remanded to the
|i:Panel for the purpose of placing the Harper Woods students in
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K-l who have presently not been placed apparently due to an
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oversight. Similarly, the Panel should be directed by the Court
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to place 40% of the Krolik school. - Detroit K-l students - who 
were not placed in the original report. Also, the Panel should 
be asked to advise the Court as to the proposed utilization of 
the Krolik building as there is no indication in the report that 
the building is to be utilized.

3. By making the above statements, the Defendant 
Board of Education for the City of Detroit does not waive and 
specifically reaffirms its position that there is no basis for 
any Constitutional remedy.

4. The Defendant Board of Education for the City of 
Detroit reserves the right to add any further comments or objec­
tions, as the case may be, to the Plan at a later date or during 
a hearing on the Plan. The Defendant Board specifically points 
out that the above comments are on the basis that the Plan is
a metropolitan plan. If, for any reason, the Plan is to be 
used otherwise, the Defendant Board specifically reserves the 
right to make objections thereto.

Respectfully submitted,

RILEY AND ROUMELL 
BY:

Louis D. Beer 
Attorneys for Defendant 
Board of Education for the 
City of Detroit and other 
Defendants.
720 Ford Building 
Detroit, Michigan 48226 
Telephone: 962-8255

September 5, 1972

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CERTIFICATION
This is to certify that a copy of the foregoing Response 

of Defendant Board of Education for the City of Detroit and Other 
Defendants to Report of Recommendations of Court-appointed Panel 
as to Metropolitan Desegregation Plan has been served,by United 
States Mail, postage prepaid, to the following counsel of record:
LOUIS R. LUCAS 
WILLIAM E. CALDWELL 
525 Commerce Title Building 
Memphis, Tennessee 38103
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:NATHANIEL R. JONES 
General Counsel NAACP 
1790 Broadway 
New York, New York 10019
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E. WINTHER MC CROOM 
3245 Woodburn Avenue 
Cincinnati, Ohio 45207 
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JACK GREENBERG 
NORMAN J. CHACHKIN 
10 Columbus Circle 
New York, New York 10019
J. HAROLD FLANNERY
PAUL R. DIMOND
ROBERT PRESSMAN
Center for Law & Education
Harvard University
Cambridge, Mass. 02138i'j:ROBERT J. LORD
8388 Dixie Highway
Fair Haven, Michigan 48023
RALPH GUY
United States Attorney 
Federal Building 
Detroit, Michigan 48226
EDWIN B. ELLMAN
1250 Penobscot Building
Detroit, Michigan 48226
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FRED W. FREEMAN 
CHARLES F. CLIPPERT 
1700 N. Woodward 
Bloomfield Hills, Michigan 
48013

DOUGLAS H. WEST 
ROBERT B. WEBSTER 
3700 Penobscot Building 
Detroit, Michigan 48226
WILLIAM M. SAXTON
1881 First National Bldg.
Detroit, Michigan 48226
EUGENE KRASICKY 
Assistant Attorney General 
525 West Ottawa Street 
Lansing, Michigan 48913
THEODORE SACHS 
1000 Farmer
Detroit, Michigan 48226
ALEXANDER B. RITCHIE 
1930 Buhl Building 
Detroit, Michigan 48226
BRUCE A. MILLER 
LUCILLE WATTS 
2460 First National Bldg. 
Detroit, Michigan 48226
RICKARD P. CONDIT
Long Lake Building
860 West Long Lake Road
Bloomfield Hills, Michigan 48013
KENNETH B. MC CONNELL 
74 West Long Lake Road 
Bloomfield Hills, Michigan 48013
DONALD F . SUGERMAN
2460 First National Building
Detroit, Michigan 48226

Respectfully submitted,

JOHN F. SHANTZ
222 Washington Square Bldg.
Royal Oak, Michigan 48067

September 5, 1972

RILEY AND ROUMELL

By:
Louis D. Beer .........
720 Ford Building 
Detroit, Michigan 48226 
Telephone: 962-8255