Milbank Litigation associate Gary Crosby assisted the NAACP Legal Defense and Educational Fund (LDF) in a case that was successful on appeal before the Eleventh Circuit Court of Appeals.
The case, Stout v. Jefferson Cty. Bd. of Educ., is a federal school desegregation action that LDF has been litigating for decades. This appeal centered on an effort by a predominately white city, Gardendale, Alabama, to secede from its larger county school system and set up its own local school system. Since these Gardendale schools would likely exclude Black students from neighboring areas also within Jefferson County, such a move would lead to more racial segregation within the county school district.
Like many counties in the South, Jefferson County must comply with a federal desegregation order established in 1971 in the wake of extensive litigation to implement the United States Supreme Court’s 1954 ruling in Brown v. Board of Education, which banned de jure racial segregation in public education. Advocates for Gardendale’s secession argued that their efforts were not racially motivated, but that instead they simply wanted more local control over their school system (an increasingly common argument in similar school secession cases in the US). However, a federal district court determined from evidence at trial – which included disturbing emails and social media posts – that Gardendale’s proposed secession was, in fact, racially motivated. Despite the finding of intentional discrimination, the district court nevertheless took the novel action of allowing Gardendale to partially secede from the Jefferson County and form its own school system comprised of elementary schools with the potential of including additional schools at a future date.
In its February 13 ruling reversing in part the district court’s decision, the Eleventh Circuit essentially adopted LDF’s arguments on all major issues. It confirmed that a racial desegregation order issued in 1971 still governs Jefferson County, Alabama (including Gardendale); that the district court did not err when it found that Gardendale had a discriminatory purpose when it moved to secede from Jefferson County; that the district court did not err when it found that the secession would impede the desegregation efforts of Jefferson County; and that the district court abused its discretion when it permitted the partial secession of the Gardendale schools.
Over the course of more than two years of working with LDF on a pro bono basis, Mr. Crosby assisted the organization’s attorneys with all aspects of trial preparation for the case in federal district court. Mr. Crosby also had the privilege to work with the Honorable U.W. Clemon, a renowned civil rights leader who was Alabama’s first Black federal judge and co-counsel with LDF in this case. Mr. Crosby later provided assistance in the Eleventh Circuit appeal by participating in two moots at LDF’s New York office, serving as a mock judge and helping to craft responses to difficult questions. He then traveled with Judge Clemon and others from LDF to the Eleventh Circuit in Atlanta. On the morning of oral argument, he assisted LDF attorneys with quickly analyzing and distinguishing cases that were filed by opposing counsel less than five minutes before LDF presented its arguments before the three-judge panel.
For Mr. Crosby, who grew up in a small city in Alabama less than 45 miles from Gardendale and whose own father attended a segregated school in the state, the opportunity to work on this case has been particularly meaningful. “As a former teacher, I am deeply concerned about the message of inferiority sent to Black students by Gardendale’s racially-motivated separation efforts,” he said. “This case has given me the chance to use my skills as a litigator to ensure that every student is afforded educational opportunities that are free from racial discrimination.”
Said LDF’s Director of Litigation Sam Spital: “We commend the federal appeals court for its decision that combats a disturbing re-segregation trend, seen not just in Gardendale, but in cities across the country. We must continue to thwart re-segregation efforts so that students can benefit from co-existing and learning together. We will continue doing everything in our power to ensure that state and local governments facilitate the integration of all children.”
This week, in a reversal of earlier statements, Gardendale’s Board of Education, mayor, and city council announced that they would not appeal the Eleventh Circuit’s decision to the U.S. Supreme Court.
Mr. Crosby previously contributed to LDF’s successful challenges of restrictive voter ID legislation in Texas.
