59 Nw. U. L. Rev. 121 (1964-1965)
Segregation Litigation and the Schools-Part III: The Gary Litigation

handle is hein.journals/illlr59 and id is 135 raw text is: rtkwaer, , /nivme,                    LAW           REVIEW
VOLUME 59 MAY-JUNE                     NUMBER 2.
SEGREGATION LITIGATION AND THE
SCHOOLS-PART III: THE GARY
LITIGATION*
John Kaplant
M ORE than thirty cases involving alleged school segregation are
pending in the North today. All of them, however, involve only
three basic claims: first, that de facto segregation, regardless of any other
governmental wrong, is unconstitutional; second, that the defendant
governmental body is guilty of specific intentional acts of segregation;
and third, that the Negro schools at issue are so educationally inferior to
the white schools that they deprive their students of a constitutional right.
To date just two cases of this type have reached the appellate courts.' In
Part 12 we discussed the New Rochelle litigation, and in Part II,3 the first
of the above claims as decided in the Gary case.4 Nonetheless, even though
Gary will no doubt be remembered for its consideration of the de facto
segregation issue, the rest of that litigation is also of great importance.
Even more than New Rochelle, Gary is typical of the difficulties which
will probably be faced in the case by case litigation of the coming wave
of school segregation disputes in the North.
Gary, Indiana's second largest city,5 is relatively new, even by American
standards. It was founded in 1906 by the United States Steel Corporation,6
*This is the third part of a three-part article concerning the problem of school
segregation in the North. The first part appears in 58 Nw. U.L. Rxv. 1 (1963), and the
second in 58 Nw. U.L. REv. 157 (1963).
The author wishes to acknowledge his debt to Robert Steuer, a second-year student
at Northwestern University School of Law. Mr. Steuer's familarity with the Gary area
and his assistance in securing facts and literature were of immense help in the prepara-
tion of this paper.
t Associate Professor of Law, Northwestern University.
2In a third case, Blocker v. Board of Education, 226 F. Supp. 208 (E.D.N.Y. 1964),
the decision of the district court was not appealed.
2 Segregation Litigation and the Schools-Part I: The New Rochelle Experience, 58
Nw. U.L. Rv. 1 (1963).
3 Segregation Litigation and the Schools-Part 11: The General Northern Problem,
58 Nw. U.L. REv. 157 (1963).
'Bell v. School City of Gary, 213 F. Supp. 819 (N.D. Ind.), aff'd, 324 F.2d 209 (7th
Cir. 1963), cert. denied, 32 U.S.L. WEEK 3385 (U.S. May 5, 1964).
rAs of the 1960 Census, the population of Gary was 178,320, of which approximately
39%, almost all Negro, were classified as non-white.
0 CANNING, LOPIN, & ROBB, HISTORY OF THE LAKE AND CALUMET REGION OF INDIANA
(1927).

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