Los Angeles Branch Naacp v. Los Angeles Unified School District ( 1985 )

PREGERSON, Circuit Judge,

concurring; NELSON, Circuit Judge, joining:

I wholeheartedly concur with both the reasoning and result of Judge Canby’s scholarly opinion and add these observations.

The court’s opinion is an important milestone in the long struggle to achieve equality for the schoolchildren of Los Angeles.

Our decision gives plaintiffs the opportunity to prove that, after May 2, 1969, the school district intentionally discriminated against black pupils. Of course, the decision does not permit plaintiffs to establish that de jure segregation existed before this date. But nothing in our opinion prevents them from offering, for the purpose of shedding light on the school district’s intent after May 2, 1969, evidence of de jure acts that occurred before then.

Fifteen years ago, Los Angeles Superior Court Judge Alfred Gitelson rendered his courageous decision finding that Los Angeles maintained a segregated school system. Six years ago, Los Angeles Superior Court Judge Paul Egly dedicated the remainder of his judicial career to fashioning a just and workable remedy. Somehow, their efforts were thwarted. But today, we have opened the doors to a United States Courthouse and made it possible for a federal district judge to address the vital social issues this case presents.