Augustus v. School Board

507 F.2d 152
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 24, 1975
DocketNo. 73-3272
StatusPublished
Cited by6 cases

This text of 507 F.2d 152 (Augustus v. School Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Augustus v. School Board, 507 F.2d 152 (5th Cir. 1975).

Opinions

RONEY, Circuit Judge:

The school board and certain interven-students appeal from a permanent injunction against the use of the Confederate Battle Flag as a school symbol and the use of the name “Rebels” in connection with the school’s athletic teams and other extracurricular activities. Under its continuing jurisdiction to implement desegregation of the school, the district court could properly provide some relief against these symbols to the extent that they adversely affect the establishment of a unitary system of education. Because the permanent injunction goes further than appears to have been necessary to achieve this purpose, however, we remand the case for further consideration of the breadth of the injunction and of whether the school board should be allowed to consider solutions to the [155]*155problems of interference with the plan of desegregation short of the total and permanent ban of the symbols required by the court’s injunction.

The facts of this case and the district court’s reasoning are ably set forth in the opinion reported as Augustus v. School Board of Escambia County, 361 F.Supp. 383 (N.D.Fla.1973).

This presents but one facet of an original action filed in 1960 to require that the schools of Escambia County be reorganized into a unitary system operated on a nonracial basis. The court retained jurisdiction of the matter in order to effectuate its orders, and has continued to exercise supervision under its retained jurisdiction, as required by the law of this Circuit.

During the 1972-1973 school year, the fourth year of significant integration, Escambia High was afflicted with racial •'disturbances within the student body, slightly less than eight percent of which was black. Four massive confrontations involved major interracial fighting. After the first, in November, law enforcement officers were called in to restore order, and they remained for the rest of the academic year. The school had to be closed twice. In addition to the four major disturbances, there were numerous lesser ones, including small-scale fights and walkouts.

One source of racial tension was black students’ demands to abolish the school’s Confederate symbols. The name “Rebels” had been chosen by vote of the all-white student body when the school first opened in 1958. The Confederate Battle Flag became the accepted symbol of the athletic teams that same fall. The desire to continue the use of “Rebels” and the Confederate Battle Flag was confirmed by a landslide student vote in January 1973, after two of the major confrontations had occurred. A week later the district court issued a preliminary injunction enjoining the school board from permitting (1) the use of the name “Rebels,” (2) the display of the Confederate Battle Flag on school premises, with certain exceptions, and (3) the wearing or displaying of the flag on the clothes of any student while the student attended a school-sponsored activity. A week after the court’s preliminary order, the third major black and white confrontation occurred — weeks later, the fourth.

After the preliminary injunction, a number of white students were permitted to intervene on the side of the school board. After a trial the district court made final its preliminary injunction. The court found that the use of the symbols was racially irritating to many black students, was a significant contributing cause of racial tension at the school, had become a focal point for racial tension, and would continue as a source of tension and a cause of violence and disruption. Although recognizing that most white students identified the symbols only with Escambia High, and not with anti-black sentiments, and that removal of the symbols might not eliminate racial tension, the court concluded that the continued presence of the symbols would adversely affect the operation of a unitary system at Escambia High by providing a continuing, visual focal point for racial tensions.

It is axiomatic that federal courts should not lightly interfere with the day-to-day operation of schools. See, e. g., Wright v. Houston Independent School District, 486 F.2d 137 (5th Cir. 1973), cert. denied, 417 U.S. 969, 94 S.Ct. 3173, 41 L.Ed.2d 1140 (1974); Shanley v. Northeast Independent School District, 462 F.2d 960 (5th Cir. 1972). There is a serious question as to whether this case involving what name high school athletic teams will play under, and what flag the school will use for a symbol, could independently gain the attention of a federal court. See Banks v. Muncie Community Schools, 433 F.2d 292 (7th Cir. 1970); cf. Karr v. Schmidt, 460 F.2d 609 (5th Cir.) (en banc), cert. denied, 409 U.S. 989, 93 S.Ct. 307, 34 L.Ed.2d 256 (1972).

There is little question that, as a general rule, the community would be better served by letting the students of public high schools determine, by the democratic processes of their student [156]*156governments, the names and symbols to designate their athletic teams and school programs. The key factor that derailed that concept in this case was the violence and disruption that occurred in the educational process; violence and disruption which was focused on the use and misuse of these symbols. With violence and disruption as the key, the case presents for rationalization two concepts: one which is totally unacceptable, i. e., by creating a violent disturbance over the failure to obtain a change in the name and flag of a school’s athletic teams peacefully, an unsuccessful minority may furnish a base upon which to posit a court order requiring a change in the name and flag selected by a majority of the students; and one which is worthy of consideration, i. e., where a pre-existing condition of a school which is placed under a court order to obtain a unitary school system inherently prevents students of both races from enjoying an equal education at that school, a federal court has the power and the obligation to require a' change in that pre-existing condition.

The first two arguments of the three point brief filed by the intervening " white students are easily answered by settled precedent. First, they argue that the injunction against individual students collides with the Fourteenth Amendment authority of the court limited to “state action” as opposed to “action of individuals.” A court has inherent power to enter such ancillary orders as are necessary to carry out the purpose of its lawful authority. The desegregation order is admittedly within the jurisdiction of the court and the court may enter an injunction against any individual who interferes with the proper execution of that order.

Second, they argue that the injunction against the students collides ^with their First Amendment rights to freedom of speech, as explicated under Healy v. James, 408 U.S. 169, 92 S.Ct. 2338, 33 L.Ed.2d 266 (1972); Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972); Tinker v.

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Augustus v. School Board Of Escambia County
507 F.2d 152 (Fifth Circuit, 1975)

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Bluebook (online)
507 F.2d 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/augustus-v-school-board-ca5-1975.