Mississippi college desegregation settlement upheld

A federal appeals court recently upheld a $503 million settlement in the nation's longest desegregation case stemming from a lawsuit that accused Mississippi of neglecting its historically Black universities for decades.

Opponents of the settlement had argued the money was inadequate to upgrade programs at the schools, and they opposed stiffer admission requirements and a condition that 10 percent of the schools' enrollments consist of non-Black students (JET, Nov. 24, 2003).

The three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans said a federal district court did not abuse its discretion in approving the agreement covering Alcorn State, Jackson State and Mississippi Valley State universities.

The federal panel wrote that the settlement contained "generous" funding for academic programs, and that settling the case now would avoid potentially protracted and costly litigation.

Alvin Chambliss Jr., an attorney for the opposing plaintiffs, who include Lillie Ayers as well as alumni and faculty of the schools, said the settlement does not provide enough money for the establishment of professional programs, without which Black colleges will die, he said. "For those who feel that Black colleges have outserved their usefulness, this is an endorsement."

At JET press time Chambliss said he would talk with the plaintiffs and other parties to decide whether to appeal to the U.S. Supreme Court.

Armand Derfner, an attorney representing other class-action plaintiffs who supported the settlement of the 29-year-old case, said: "We agree that the settlement is not all it could be, but it's a floor from which we hope we can make further progress."