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The
History of the The Lawyers' Committee for Civil Rights
Under Law 1963-2003
by Charles T. Lester, Jr.
The
Lawyers' Committee for Civil Rights - The Making of
a Public Interest Law Group
By: Ann Garity Connell, Ph.D.
The
History of the The Lawyers' Committee for Civil Rights
Under Law 1963-2003
by Charles T. Lester, Jr.
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Creation
of the Committee.
The Lawyers Committee for Civil Rights Under
Law was created at the request of President John F.
Kennedy in the summer of 1963 following a meeting
of 244 lawyers in the East Room of the White House.
President Kennedy, Vice President Lyndon B. Johnson
and Attorney General Robert F. Kennedy spoke at the
conference and urged the lawyers to use their training
and influence to move the struggle for the protection
of civil rights from the streets to the courts. The
244 lawyers who attended were from throughout the
United States and included, leaders of state bars
and the ABA, and 50 African American lawyers. President
Kennedy had held similar meetings with representatives
of business, education, and the clergy, but the decision
to call a meeting with the lawyers and the timing
of the meeting was born of a sense of urgency about
the absence of the organized bar in the civil rights
movement.
During
the summer of 1963, civil rights groups were demonstrating
and taking other collective public actions to call
attention to and to end discrimination and segregation
in education, employment, voting participation and
public accommodations throughout the South. Alabama
Governor George Wallace had vowed to hold the line
against court-ordered desegregation of the University
of Alabama. The confrontation between the Justice
Department and the United States Marshals and Governor
Wallace was scheduled for June 11, 1963. Bernard Segal,
a corporate attorney in Philadelphia (later a President
of the ABA), after a comment from his wife about why
there was no stance from the bar about the position
taken by Governor Wallace, contacted a number of lawyers
throughout the United States and prepared a statement
critical of Governor Wallaces position. The
statement was published as an advertisement in the
Birmingham papers with a list of 46 lawyers who supported
the statement, which called for elected officials
to defer to the rule of law. The statement
received favorable editorial comment from the Birmingham
papers and others. Burke Marshall and Louis Oberdorfer
traveled with Attorney General Kennedy to the South
to try to get a better understanding of the problems
presented and as a result of the article contacted
Mr. Segal to ask his help in developing a list of
lawyers, including minority lawyers for the White
House meeting. On June 21, President Kennedy asked
Mr. Segal and Harrison Tweed of New York to chair
the Lawyers Committee for Civil Rights Under
Law and to assemble a group of lawyers to carry forth
its mission.
The
Committee also received the support and endorsement
of President Johnson who met with its leaders including
Harrison Tweed, Bernard Segal, Lloyd Cutler, Cecil
Burney, Berl Bernhard and John Doyle in May 1965.
The objectives of the Committee were: to marshal the
resources of the private bar, including its leadership
for public policy advocacy; to educate the public
and the bar on civil rights; to enlist the skills
of lawyers as negotiators and mediators to help resolve
disputes; and to provide pro bono legal assistance
to victims of discrimination. The Committee thought
of themselves as missionaries to the bar
and it was only after unsuccessful efforts to involve
lawyers in the South in the protection of civil rights
that the Committee became more proactive. For many
years the Committee considered itself to be a temporary
organization. It initially resisted opening an office,
working instead from the offices of its Co-Chairs,
and was ambivalent about hiring an Executive Director
and sufficient staff. Its co-chairs served simultaneous
two-year non -staggered terms, and executive directors
served very short terms. It was only as the Committee
matured that it realized that the nations civil
rights problems were more intractable and the solutions
more long term.
1963-1973:
Jackson, Mississippi, Cairo, Illinois, Southern Africa
Project, and Founding of Local Lawyers Committees.
The Lawyers Committee was always involved in
public policy advocacy. President Kennedy introduced
civil rights legislation, which ulti-mately became
the Civil Rights Act of 1964 on June 19, 1963, two
days prior to the meeting in the East Room. The Committee
urged passage of the Civil Rights Act of 1964 and
Voting Rights Act of 1965. The Committees efforts
in Jackson, Mississippi began in 1963 when a group
of clergyman from the National Council of Churches
working in Mississippi during the summer as civil
rights organizers, requested legal assistance. Robert
Lunney, a lawyer from a New York firm went to Mississippi
and worked with the clergy, negotiating with local
officials over permits and representing marchers and
demonstrators when they were denied permits or when
they were arrested. The National Council of Churches
asked for additional Lawyers Committee help
in 1964 and the Committee opened an office staffed
by 18 volunteers, serving two week terms, from leading
law firms in New York, Philadelphia and Washington.
The initial focus for the volunteers was to encourage
the Mississippi Bar and its lawyers to shoulder their
responsibilities to represent blacks, but when those
efforts failed, the volunteers went to work representing
clients throughout Mississippi, mostly in criminal
cases. The Mississippi office opened with full time
staff on June 14, 1965 and shortly thereafter hundreds
of demonstrators were arrested in Jackson for protesting
restrictive voting bills that had been under consideration
by the Mississippi Legislature. The Lawyers
Committee, the NAACP Legal Defense and Education Fund,
and Lawyers Constitutional Defense Committee
collaborated in a Federal Court suit challenging the
constitutionality of parade ordinances.
Over
time, the Mississippi office made a major shift away
from individual defensive representation to major
impact cases, such as voting rights cases, particularly
after Frank R. Parker joined the office in 1968. Also,
the focus of legal service delivery shifted from staff
and individual volunteer lawyers to the co-counsel
relationship of participating law firms serving pro
bono with staff lawyers. The work included important
litigation dealing with voting rights, personal freedom,
education, employment discrimination, prison reform,
and jury selection.
The
Committee established the rights of blacks as a class,
challenged discriminatory jury venires, changed the
way the courts treated blacks, and helped to make
Mississippi accountable to the rule of law. The Committee,
in response to the 1968 Report of the National Advisory
Commission on Civil Disorder and Unrest following
the assasinations of Dr. King and Senator Robert Kennedy,
began its Urban Areas Project, which enlisted long
term financial support from the Ford Foundation and
other resources to organize and staff local lawyers
committees in Atlanta, Beverly Hills/Los Angeles,
Boston, Chicago, Cleveland, Indianapolis, Kansas City,
Philadelphia, San Francisco and Washington. Not all
of the locals survived, but they all had substantial
success with issues of discrimination in their communities.
The Colorado Lawyers Committee for Civil Rights Under
Law was opened in 1976 in Denver. The locals are dynamic
organizations supported by staff and hundreds of volunteer
lawyers from major law firms.
The
Committee operated an office in Cairo, Illinois from
1969 to 1972 to address the violence against blacks
in that city. The Cairo office lawyers were successful
in obtaining several injunctions against police suppression
of demonstrations. Lawyers who were working in the
office observed gunfire, and blacks struck with bricks.
One of the groups opposing the efforts to end discrimination
organized a run on a local bank because a lawyer for
the Lawyers Committee was the banks lawyer.
The Committee had to contact corporate leaders and
state officials to generate enough money to stave
off the failure of the bank.
In
1967 and 1968, the Committee began providing assistance
for human rights problems in the Union of South Africa.
The initial efforts provided support to a hand full
of South African lawyers brave enough to resist apartheid
and represent political dissidents in court there.
The Southern Africa Project continued for more than
30 years up to and through the liberation of Namibia
from South Africas illegal occupation and the
end of apartheid in South Africa with the free and
open elections in 1994.
Meanwhile,
in 1969, the Supreme Court in Alexander vs. Holmes
County Board of Education reversed the Fifth Circuit
Court of Appeals and ruled that continued operation
of segregated schools in Mississippi was no longer
permissible. Louis Oberdorfer argued that case.
The
Second Decade: 1973-1983 National Trend Continues.
The work of the Lawyers Committee continued
the trend set by the Urban Areas Project and was more
national in scope with major matters in forums other
than the South. Public policy continued as an important
component of the work, and included affirmative positions
on the extension of the Voting Rights Act in 1975
lead by Nicholas Katzenbach and Frank Parker, the
25-year extension of that Act in 1982, and on the
Attorneys Fees Awards Act of 1976. Policy advocacy
also included defensive work because the federal judiciary
and federal administrations were more hostile to the
protection of civil rights. This defensive advocacy
urged defeat of proposed constitutional amendments
to prevent bussing to desegregate public schools and
sought to protect IRS rules that resulted from a Lawyers
Committee case (Green v. Connally), denying exemption
to private schools that were segregated on the basis
of race.
The
Committee was active in school desegregation in Boston,
employment discrimination in Houston, resisting a
shipbuilding plant on the St. Johns River in Jacksonville,
Florida. One of the most important cases handled by
the Committee was Claiborne Hardware Co. v. NAACP.
The case arose out of a boycott in Claiborne County
Mississippi. Several businesses sued the NAACP and
individuals in state court and obtained a large judgment
that would have made the NAACP insolvent. Lawyers
Committee lawyers, represented the NAACP in the trial
court, obtained stays in federal court, and Lloyd
Cutler successfully argued in the U.S. Supreme Court
that the judgment violated the First Amendment.
South
Africa matters included contesting new U.S. routes
sought by South Africa Airways for the Congressional
Black Caucus and others (not successful); filing an
action with the Customs Commission to block the import
of coal from South Africa for the United Mine
Workers and Alabama contending under a tariff preventing
the importation of products produced with indentured
labor which caused the repeal of criminal penalties
for breach of labor contracts by blacks; assistance
to attorneys defending officials of the Christian
Institute accused under the Suppression of Communism
Act; providing Dean Bamberger as an observer for the
trial of Rev. Sithole in Rhodesia; sending
Dean Pollak to observe the inquest for the death of
Steve Biko; the director of the Project to observe
sedition trials, and Father Drinan to observe the
trial of four Lutheran pastors, which resulted in
the dismissal and reduction of charges.
President
Carter hosted a reception at the White House on the
Fifteenth Anniversary of the founding of the Committee
and praised it for its work. The Co-Chairs and William
L. Robinson (the first long term executive director,
1979-1988) met with Attorney General William French
Smith in 1981 to discuss civil rights enforcement
and the extension of the Voting Rights Act.
The
Committee had many success stories for its clients.
In employment the Committee successfully sued Western
Electric, won a suit against the Civil Service Commission
that successfully attacked the entrance exam requiring
the defendants to show that the test was job related,
obtained a Supreme Court decision that federal employees
were entitled to a trial de novo, obtained consent
decrees against the mandatory maternity leave polices
of Pan American and American Airlines, won a $20 million
suit against J.P. Stevens, obtained a consent decree
against the General Services Administration and a
consent decree with back pay for employees of fire
and police departments in Houston, obtained back pay
against Jefferson County, Alabama and the Federal
Department of Energy. In voting, the Committee persuaded
the Supreme Court to use Section 5 to eliminate potentially
discriminatory voting procedures (City of Port Arthur,
Texas v. United States) and successfully eliminated
discriminatory multimember districts in Virginia (Cosner
v. Dalton). In education it secured remedial education
for children who suffered past practices of de jure
segregation (Milliken v. Bradley).
1983-1993
Struggle at Home and Success in South Africa.
The third decade provided challenges and opportunities
at home and abroad. After nearly 20 years of operations
in Jackson, Mississippi, the Committee closed the
office in 1984, but not the work, which continued
out of the national office. Committee representatives
testified in opposition to the nomination of William
Bradford Reynolds as Associate Attorney General, who
was confirmed. The Committee formally opposed the
nomination of William Lucas as Assistant Attorney
General for Civil Rights, based on his lack legal
experience and knowledge of the basic civil rights
laws. He was not confirmed. The Committee also made
analyses of the record of three U.S. Supreme Court
nominees, provided them to the Senate Judiciary Committee,
opposed the nominations of Judge Robert Bork, who
was not confirmed, took no position on the nomination
of Justice David Souter, and opposed the nomination
of Justice Clarence Thomas, who was confirmed.
In
the policy area the Committee contributed to the development
and passage of the Civil Rights Act of 1990, which
was vetoed by President Bush and the Civil Rights
Act of 1991, which the President signed and which
was designed to correct six rulings by the Supreme
Court that restricted employment discrimination claims.
Leaders of the Committee met with Attorney General
Thornburg to explore areas of collaboration and cooperation
and communicated and worked effectively with John
Dunne the Assistant Attorney General for Civil Rights
who was confirmed after the Lucas nomination failed.
Barbara Arnwine became the Executive Director in February
of 1989, succeeding Bill Robinson, who left to become
the first dean of the District of Columbia Law School
after 10 years of service. The Committee added separate
Fair and Affordable Housing and Environmental Justice
Projects to meet client needs.
The
Southern Africa Project of the Lawyers Committee
was a key player in the successful evolution to majority
rule in Namibia and South Africa.
Namibia.
The Project initiated legal action in the Namibian
courts that resulted in the release of 128 people
known as Cassinga Captives, who had been
held for 6 years. In 1988 the Project began a study
of human rights in Namibia to document the effect
of the civil war during South African occupation of
Namibia. While that study was underway, elections
to select a constituent assembly to draft a constitution
under UN Security Council Resolution 435 were scheduled
for November 1, 1989. The Project sent its staff attorneys
and consultants as monitors in May and organized a
Commission for Independence composed of 31 prominent
Americans to make one-week visits to observe the election
process. Nearly 97% of 700,000 registered voters cast
their ballot, 40% for the first time. The 72-person
Assembly that was selected produced a constitution
in 80 days. The first democratically elected government
took office March 21, 1990.
South
Africa. The Project endorsed the Free South
Africa Movement and provided legal observers
for daily demonstrations at the South African Embassy.
Judge Nathaniel Jones, sent as an observer of proceedings
in the South African Supreme Court against 16 people
charged with treason, was arrested and charged with
violation of an Emergency Order when in route to the
funeral of a defense lawyer killed outside her home.
The Project prepared a detailed analysis of the 1988
municipal elections in South Africa to outline the
structural injustices in the process and explain their
political and social context. The Project published
a 53-page report to document 130 assassinations or
disappearances of anti-apartheid workers to bring
international pressure to stop government sanctioned
death squads. The Red Ribbon Campaign
instituted by the Project brought public attention
to the death penalties of the Sharpeville Six
and caused their ommutation to long jail sentences.
The Project funded legal assistance for defense of
politically related cases, lawsuits challenging restriction
orders on anti-apartheid activists, rent and housing
cases, and representation of rent-boycotters in the
townships. The Project prepared reports for Members
of Congress and human rights groups when President
de Klerk announced changes in the apartheid system
and lobbied the State Department to keep the pressure
on South Africa to live up to its promises.
The
Project Director, Gay McDougall, served on the welcoming
committee for Nelson Mandelas trip to the United
States and as the master of ceremonies at the event
in Washington, DC. The Project funded legal representation
at commissions of inquiry for the families of victims
of shootings by police during a protest over rent,
housing and employment at Songela Gate, and on the
activities of death squads. The Project presented
conferences and workshops on constitutional rights
and self government as the time for open elections
approached, including conferences on the right to
counsel, gender equality, and open government. The
Project launched The South Africa Voting Rights, Education
and Monitoring Project to provide technical assistance
to groups working to report violations to the Independent
Electoral Commission. Nelson Mandela was elected president,
and Gay McDougall was the only American who served
on the Electoral Commission.
Major
litigation success was achieved in voting rights where
the Committee successfully challenged Mississippi
congressional districts in Brooks v. Winter and allowed
Mike Espy to become the first black congressmen from
Mississippi in 100 years; and successfully challenged
municipal and county redistricting in Greenville,
and Jackson, Mississippi, Annapolis, Maryland, and
Petersburg, Virginia. The Committee also won or settled
cases in Springfield, Danville, and Peoria, Illinois,
in Pittsburgh, Pennsylvania, and Norfolk, Virginia
(Affirmed in the Forth Circuit in Collins v. City
of Norfolk) over at-large municipal elections and
in Mississippi (Martin v. Mabus) over at-large election
of state court judges, which resulted in the election
of 8 black judges. The Voting Rights Project held
a conference to celebrate the 25th Anniversary of
the Voting Rights Act and a conference on redistricting
after the 1990 census.
For
the Employment Project success was achieved against
adverse trends, as decisions of the Supreme Court
and lower federal courts allowed reverse discrimination
claims and the Justice Department changed positions
in consent decrees. Some of the problem cases were
dealt with in the Civil Rights Act of 1991. The Employment
Projects work included direct representation,
technical assistance to other employment lawyers and
advocacy in amicus briefs. The project secured back
pay for clients in litigation against the Mississippi
State Employment Service, Travenol Laboratories, and
the Sheriffs Department of Harris County, Texas.
The Project has had more success in challenges to
employment tests, including the Nassau County Police
Department, and City of Buffalo.
In
Fair Housing the Committee in cooperation with the
Boston Committee settled litigation with the Boston
Housing Authority for a class of 1,600 tenants, who
were denied housing opportunities in predominately
white neigh-borhoods. In another important case the
Lawyers Committee obtained a seizure order from
a U.S. District Court judge for evidence of discrimination
involving a decade old racial coding system, used
to deny private apartment housing to 6,000 African
American and Hispanic clients in Miami, securing a
$3.4 million settlement. (Givens v. Hamlet Estates).
1993-2003
New Strategic Directions, Lawyers for One America,
UN Conferences on Women and Against Racism. In 1993,
the Committee celebrated its 30th Anniversary that
included a reception at the White House hosted by
President William Jefferson Clinton. In the early
1990s with support from the Ford Foundation,
the Lawyers Committee expanded its law firm
and board resources by initiatives in U.S. cities
where it had limited or no support. It created the
Lawyers Committee for Civil Rights of Texas
in San Antonio, the first new local affiliate in two
decades. In Atlanta, it added board representation
and organized a steering committee. With success in
Atlanta it followed up with visits in Miami, Charlotte,
Raleigh/Durham/Greensboro, New Orleans, St Louis,
Minneapolis, Phoenix, Portland (Oregon), and Seattle.
To assist in this national expansion, the Committee
added Regional Vice-Chairs beginning with four and
adding regions and vice-chairs within regions, bringing
the total to 13 at present. This new position has
been effective in the national expansion and has had
the side benefit of providing the leadership training
and opportu-nities such that six of the last seven
co-chairs were regional vice-chairs. In 1995 imposing
on Herbert Hansell to serve three years, the Committee
moved the co-chairs to staggered two-year terms.
Under
the leadership of Paul Saunders and Marc Fleischaker,
with the support of the Executive Committee and major
drafting efforts by the staff and Jack Londen, the
Lawyers Committee undertook a strategic planning
process, which included the first national Board and
Staff Retreat in 1997. The retreat produced in 1998
a seven-year Strategic Plan, which was instrumental
in strengthening the Committees capabilities
to address the current and changed civil rights landscape.
Among its new directions, the Plan recognized the
need for the Committee to broaden its work in light
of demographic changes in the United States, to strengthen
its public policy capability, especially in media
and public education, to seek more opportunities for
pro bono transactional work, and to explore ways to
expand its agenda to address the health care and criminal
justice needs of our clients. Many aspects of the
Strategic Plan were implemented in record time and
a revised plan was adopted at a 2002 Board and Staff
Retreat for the continued mission of the Committee.
The
Lawyers Committee, as a follow up to President
Clintons Race Initiative, wrote the President
and suggested that he issue a Second Call
to the bar to promote diversity in the profession
and pro bono work for communities of color. The Committee
leadership worked with a number of organizations to
develop a collaboration for a one-year effort, beginning
with a meeting in the East Room of the White House
in July 1999. The Committee supported and promoted
the effort, which was known as the Lawyers for One
America Collaboration.
In
the 1990s, a rash of arson caused the destruction
of black churches at various locations mostly in the
South. With the cooperation of the National Council
of Churches, the NAACP, and the strong coordination
of Arent Fox Kintner Plotkin & Kahn, the Committee
mobilized 30 law firms to help congregations with
insurance, construction, zoning and other issues in
Florida, Georgia, Mississippi, New York, Texas, and
Washington.
In
the international arena, the Lawyers Committee
made important contributions to the U.N. Conference
on Women in Beijing. It presented a seminal National
Conference on African-American Women and the Law for
1,000 people in forums about the impact of dual discrimination
of gender and race for women of color, and participated
in the Non-Governmental Organization (NGO)
Forum in Beijing in August of 1995. The Committee
presented a similar conference at Howard University
Law School in 2000 as a prelude to the NGO Forum held
in New York for the five-year review of the Declaration
and Plan For Action of the Beijing Conference on Women.
Lawyers Committee representatives were also
participants in the Forum. Committee representatives
participated in planning conferences in Geneva and
Santiago, Chile in preparation for the U.N. World
Conference Against Racism, in Durban, South Africa.
The Lawyers Committee presented a conference
for NGOs in Washington in June 2001 to prepare
their representatives for the conference, and Lawyers
Committee staff and Board members attended the conference
in Durbin in August and September 2001. Committee
representatives made contributions to the text of
the forum reports and the Plan for Action.
The
Lawyers Committee has worked tirelessly to defend
affirmative action in all phases of its work. It urged
President Clinton to support affirmative action, leading
to his mend it, dont end it public
address to the nation on July 19, 1995. It worked
to meet and overcome the limits placed on affirmative
action programs by cases such as Adarand Contractors,
Inc. v. Pena and City of Richmond v. J.A. Corson,
Co. The Committee supported the affirmative action
admission policies of institutions of higher learning
with amicus briefs in circuit courts of appeal and
the Supreme Courts. The Committee, with the support
of former Judge and Board member Joseph Hatchett,
helped keep off the ballot a confusing anti-affirmative
action referendum in Florida.
The
Committees policy activities included support
for the Voter Registration Act of 1993 (Motor
Voter), hate crime legislation, and pushing
for a better version of the Helping America Vote Act
of 2002. The Committee developed the framework for
President Clintons Executive Order on Environmental
Justice. The Committee commented on proposed rules,
such as the amendments to the Federal Rules of Civil
Procedure for class actions, and the Community Reinvestment
Act rules for financial institutions. The Committee
with the leadership of Board members Norman Redlich
and Sidney Rosdeitcher and the support of many law
firms prepared an extensive analysis of the trend
in U.S. Supreme Court cases that has restricted the
power of Congress to legislate in areas of importance
to the civil rights community. The cases have protected
state rights under the Tenth and Eleventh Amendments,
eliminated the use of the Commerce Clause as a constitutional
basis for abrogating a states immunity, and
limited the use of Section 5 of the Fourteenth Amendment
to abrogate sover-eign immunity and allow suit against
states. The cases impose very specific and often burdensome
obligations on Congress whenever it seeks to abrogate
state immunity. The Committee monitors developments
in this area, has written amicus briefs on the issue
in the Supreme Court, and has developed a paper and
made a presentation on the issues.
The Committee has had an impressive set of successful
litigation matters in its most recent decade. In nvironmental
Justice, it secured relocation for a community of
358 families adjacent to two Superfund sites in Pensacola,
Florida, and with the cooperation of the Housing and
Community Development Project, obtained relocation
for an African-American public housing community contam-inated
with lead in Portsmouth, Virginia. (Washington Park
Lead Committee v. EPA). The Committee helped secure
a decision from the Nuclear Regulatory Commission
(NRC) that staff consider the socioeconomic
impact of siting a uranium enrichment facility in
two African-American communities in Homer, Louisiana
that caused the company to withdraw its application.
In Leesburg, Florida, the Committee represented a
local branch of the NAACP in litigation over discriminatory
practices by the city and the local hospital, its
largest employer, for minority communities in Pine
Street, Carver Heights and Mont Clair. The claims
were for zoning, municipal services, and building
code enforcement and were based on Title VI and the
Fair Housing Act. A consent decree will provide funds
to a community development corporation for community
improvements using innovative tax increment financing
with a 30-year income stream. (Tri-City Branch NAACP
v. City of Leesburg). The Committee obtained approval
for a consent decree provid-ing over $100 million
in funding to desegregate and redevelop section 8
housing in Dade County, Florida. (Adker v. HUD). The
Committee also obtained $26 million in federal Community
Development Block Grant funds for desegregation and
revitalization of seven African American communities
in Pennsylvania. (Sanders v. HUD). Of note, the Fair
Housing and Community Development Project also initiated
a financial literacy and minority home ownership program
in 2002.
In
Voting, the Committee had three successful cases decided
by the U.S. Supreme Court in 1996-7. Young v. Fordice
held that a dual registration system for the motor
voter registration had to be precleared under section
5 of the Voting Rights Act; Lawyer v. U.S. upheld
a settlement plan that preserved a state senate district
in Florida with a majority of Hispanic and African
American voters; and King v. State Board of Elections
approved a Hispanic-majority district in Illinois.
The project also protected against attack Congressional
districts and state Senate districts on behalf of
black citizens in Florida (Fouts v. Harris; Chandler
v. Harris); and preserved voting districts of county
commission and school board members in Dooley County,
Georgia. (Sanders v. Dooley County, Georgia). The
Voting Rights Project held a conference in anticipation
of the 2000 census, fought unsuccessfully to allow
the Census Bureau to use estimates to more accurately
reflect the count for redistricting purposes, and
worked with other civil rights organizations to encourage
minority participation in Census 2000. The Committee
was called into action during the 2000 elections by
numerous calls about voting abuses. There were many
complaints about Florida. After a thorough investigation
the Committee filed suit against Florida officials
for voting abuses with particular emphasis on the
aggressive exclusion of minority voters for claims
that they were convicted felons. That suit, NAACP
v. Harris, was settled in 2002. The Committee also
sued Florida over its felon disenfranchisement laws.
The trial court dismissed the case, but the appeal
from that order is pending before the Eleventh Circuit.
Employment
cases of note include NAACP v. New Jersey Department
of Public Safety, Division of State Police, where
a court-approved consent decree allowed 2,000 black
and Hispanic applicants who were rejected to reapply;
Pigford v. Glickman, the black farmers class action
against the Department of Agriculture, where the Committee
with others appealed to secure court ordered compliance
with the settlement by the Department; Phillips v.
Hooters of America, where the Committee obtained a
circuit court ruling allowing our client to pursue
a sexual harassment claim in federal court in the
face of an arbitration agreement in her employment
contract that caused Hooters to discontinue to use
arbitration agreements; and Dowdell v. Ona Corp. and
Brewer v. Miller Brewing Co. where the Committee obtained
$2.5 million and $2.7 million settlements, respectively,
for racial harassment of our clients. In Education
the Committee resisted a declaration of unitary status
in Allegheny County Pennsylvania (Hoots v. Pennsylvania)
and negotiated $300 million in state funding to implement
reforms in Prince Georgias County, Maryland
(NAACP v. Prince Georges County, Maryland Board
of Education).
Conclusion.
The Lawyers Committee for Civil Rights Under
Law has a rich and dynamic history of service, seeking
to secure for all the rights that are the ideals on
which our country was founded. The Committees
staff, its lawyer volunteers, its supporting law firms,
the foundations, corporations, law firms, lawyers
and individuals who provide financial support, the
staff and lawyer volunteers of the Local Committees
and the clients who we all serve, can be justifiably
proud of our accomplishments. Much remains to be done
to defend the progress we have made and to make the
ideals of our nation a reality. Our future agenda
will involve responding to challenges, such as attacks
on affirmative action in university admissions and
other race based remedies, redistricting cases, Supreme
Court vacancies, extension of the Voting Rights Act
in 2007 and many others. While we must not be complacent,
the lessons of the past should serve us well as we
begin our fifth decade of service.
Charles
T. Lester, Jr. is a partner at Sutherland, Asbill
& Brennan LLP. He served as Southeastern Regional
Vice-Chair from 1996 to 1999 and as Co-Chair from
1999 to 2001. Mr. Lester currently serves as Chair
of the History Committee for the Lawyers Committee.
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Order:
The Lawyers' Committee for Civil Rights
The Making of a Public Interest Law Group
By:
Ann Garity Connell, Ph.D.
"As
Dr. Connell shows us, the full story is far
more complex, far more interesting, and far
more important. It is, as she says, fundamentally
the story of a civil rights organization,"
but it is also a story about leadership, and
about how that leadership, working from within
the deeply conservative American legal establishment
of the time, brought about the awakening of
the American Bar to its responsibilities."
$35
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