Judge signals approval of Mississippi desegregation pact - Noteworthy News - Brief Article

Black Issues in Higher Education, Jan 31, 2002

JACKSON, MISS.

A federal judge said earlier this month he's ready to approve a settlement in Mississippi's long-running college desegregation case if the state Legislature assures him it supports the $500 million pact.

In a 10-page opinion, U.S. District Judge Neal Biggers Jr. said if lawmakers provide those assurances, he "will not stand in the way" and the settlement will be accepted by the court.

A 1975 lawsuit, filed by the late Jake Ayers Sr., on behalf of his son, claimed the state was neglecting its historically Black schools. The U.S. Supreme Court agreed with Ayers in 1992 and sent the case back to Biggers. The agreement to end the court case was signed by all sides in April and forwarded to Biggers.

Biggers said while the settlement has widespread support, it is expensive and hamstrings state leaders from making organizational changes in higher education for 17 years. The judge also expressed concern the settlement is not universally supported in the public and private sectors w noting some plaintiffs tried to separate themselves from the pact. Biggers said he felt the plan he had outlined for higher education in Mississippi would work better, but he was going on with the settlement anyway.

The former lead attorney for plaintiffs in the lawsuit, Alvin Chambliss, said he applauds Biggers for recognizing the proposed settlement was flawed. The U.S. Supreme Court will have the last say on whether a proposed settlement will stand, according to Chambliss.

"What the state is trying to do is wash a settlement through before there is a hearing on all this unconstitutional conduct," says Chambliss, who now represents a group opposing the settlement. "You have some unconstitutional actions with terms of duplication of programs. The Supreme Court will have the last word on the constitutionality of these matters."

There appeared to be little unanimity among Mississippi legislators and others in reacting to Biggers' order.

Rep. Charlie Capps, D-Cleveland, chairman of the House Appropriations Committee, said he will support funding a settlement only if there's no chance disgruntled plaintiffs can bring it back to life.

"If it's not completely and total and totally over, then I don't support it at all," Capps says.

Gov. Ronnie Musgrove said Biggers was taking the right step to close the 27-year-old case.

"The ruling demonstrates, also to the business community, that we are committed to growing a skilled and trained work force. Our students will have more access and better opportunities to pursue their career dreams here in the state," Musgrove says.

Legislative budget leaders have not recommended setting aside money for the case in fiscal 2003, which starts July 1. Those recommendations could change during the three-month session that started earlier this month.

The settlement calls for $246 million to be spent over 17 years on academic programs at the traditionally Black institutions. An additional $75 million would go to capital improvement projects, $70 million to public endowments and up to $35 million for private endowments. Other programs, including summer classes for struggling students, will receive the balance.

The settlement also requires the historically Black universities to reach at least 10 percent non-Black enrollment for three consecutive years before they can fully control endowments.

Chronology of Mississippi's College Desegregation Case

* 1975 -- Jake Ayers Sr. files a lawsuit on behalf of his son demanding an end to the state's dual system of higher education. Joining as plaintiffs are 21 other Black students.

* 1987 -- More than 70 people testify in a five-week trial in the case in U.S. District Court in Oxford. District Judge Neal Biggers Jr. dismisses the lawsuit. Plaintiffs appeal to 5th U.S. Circuit Court of Appeals in New Orleans.

* 1990 -- Court of Appeals agrees with the dismissal. Plaintiffs' lawyer Alvin Chambliss appeals to U.S. Supreme Court.

* 1992 -- Supreme Court rules Mississippi has not done enough to eliminate segregation in universities. Case sent back to Biggers.

* 1994 -- Biggers oversees second trial, which lasts more than two months.

* 1995 -- Biggers issues ruling that calls for new admission standards. Plaintiffs and the U.S. Justice Department appeal to the 5th U.S. Circuit Court of Appeals.

* 1997 -- The Court of Appeals orders Biggers to reconsider parts of his ruling, but the court upholds the admission standards. Plaintiffs appeal to U.S. Supreme Court.

* 1998 -- U.S. Supreme Court refuses to hear appeal.

* 1999 -- Biggers temporarily halts an expansion at University of Southern Mississippi's Gulf Coast campus after plaintiffs complain.

* 2000 -- Gov. Ronnie Musgrove announces out-of-court settlement negotiations.

* 2001 -- A $500 million agreement reached by all sides to end the case and forwarded to federal court for final approval.

* 2002 -- Biggers says he's ready to approve the settlement if the Legislature assures him it supports it.