Ayers Case...'Separate but equal' questioned
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September 5, 2001
'Separate but equal' questioned
$503 million settlement plan before judge
By Andy Kanengiser
Clarion-Ledger Staff Writer
OXFORD ? As Mississippi leaders Tuesday touted a $503 million plan as a way of achieving equity for black schools, the federal judge who'll rule on the proposal wondered if the state can afford to support eight "equal universities."
Bruce Newman / The Associated Press
Dr. Vernon Archer (left), president of the Jackson State University Faculty Senate, and Lillie Ayers enter federal court in Oxford on Tuesday for a fairness hearing before U.S. District Judge Neal Biggers Jr. in Mississippi's long-running higher education desegregation lawsuit filed by Ayers? late husband, Jake Ayers Sr., in 1975.
WHAT'S NEXT
A College Board consultant will wind up the state's side today followed by, from the critics' corner, Lillie Ayers, whose late husband filed the lawsuit; Ivory Phillips, a former JSU Faculty Senate member; and two lawmakers concerned about the makeup of the College Board.
Is there a need to spend big dollars to create seven academic programs to lift up Mississippi Valley State University when the same programs exist 40 miles away at majority-white Delta State University?, U.S. District Judge Neal Biggers asked in the first day of the "fairness hearing" he called on the proposed settlement for resolving the 26-year-old Ayers higher education desegregation case.
How will similar programs at Mississippi Valley attract many students when such programs in special education and mathematics, among others are graduating few students at Delta State?, he asked.
"Didn't the U.S. Supreme Court rule out separate but equal several years ago?" Biggers asked at one point.
U.S. Rep. Bennie Thompson, an original plaintiff in the lawsuit filed in January 1975, responded: Some of Mississippi's universities have prospered over many decades, while the three historically black institutions have "languished on the vine" and need extra help now. Thompson said some duplication of basic programs is needed.
The 2nd District congressman, Gov. Ronnie Musgrove and Attorney General Mike Moore joined other Mississippi leaders in putting a stamp of approval on their $503 million plan.
But Thompson also expressed his reservations.
"If I had my preference, we would have a $1 billion check today," said Thompson. But he said he decided to settle for half that amount to take big steps to give students better opportunities at Jackson State, Alcorn State and Mississippi Valley State universities.
It's a matter of either "getting $500 million (now) or continue the litigation and run the risk of getting zero," Thompson said as Biggers, lawyers and 50 courtroom spectators looked on.
Thompson said settlement monies are a foundation the Legislature can build on to put the three schools on a better footing with their majority-white counterparts. "It's a start. It's not the finish."
Outside the courtroom, longtime Ayers lawyer Alvin Chambliss, former lead attorney with the plaintiffs, said Thompson did the best he could in the Ayers negotiations "but it leaves us in a fix. It (the proposal) doesn't address why Jake Ayers went to court."
An exchange between Chambliss and Biggers stood out in a day of routine testimony. As board attorney Paul Stephenson III was making an opening statement, Chambliss wanted to raise some issues regarding his witnesses.
Biggers tried to quiet Chambliss and encouraged him to take his seat. Chambliss shot back that he's "due respect. You don't point at me and holler at me."
Biggers responded: "If you try to interrupt any more, you will be removed from this court."
As U.S. marshals approached, Chambliss quickly sat down at a chair where the jury normally sits.
He returns today as the attorney for Jake Ayers' widow, Lillie Ayers, who is urging the judge to reject the settlement plan, saying it's a far cry from what her husband wanted.
Lillie Ayers sat in a front-row seat in the courtroom and the arguments she heard didn't sway her opinion. The $503 million is far short of what's needed, she said.
Others attending the proceedings were of the same opinion.
"The settlement is not fair," said Alcorn State Faculty Senate President Alex Acholonu during a lunch break at the federal building on Jackson Avenue. The Ayers settlement should make 130-year-old ASU "what we are supposed to be. We want engineering, forestry and architecture."
JSU freshman James Jones, 18, of St. Louis, who was among a busload of JSU students attending the fairness hearing, walked away disappointed with the details of the settlement plan. "It could be better. I learned about it in class."
The JSU English and pre-law student said he wants to attend a Jackson State law school, not one at the University of Mississippi in Oxford or private Mississippi College in Jackson.
Speaking in favor of the settlement plan Tuesday, state College Board President Bill Crawford said it's time to end Ayers, which he said "puts a cloud over our proceedings and higher education in Mississippi." Everything the board does, from talking about new programs to budgets, to expanding operations on the Gulf Coast revolves around the case, he said.
Musgrove, who called Ayers players to the bargaining table June 5, 2000, to begin the 10-month process of hammering out a settlement, testified about the need to put the 26-year-old legal fight to rest. Musgrove said that, as a state senator, lieutenant governor and now as governor, it has became apparent to him that Ayers was a "major drain on higher education and needed to be settled in a way that's fair and equitable to Mississippi's three historically black universities."
The Ayers settlement plan that provides for a payout in the next 17 years is the way to do it, he said.
Musgrove said an Ayers settlement is a way to reach the point where every student can get a "quality education" whether they go to a historically black or majority-white university in Mississippi.
While Biggers raised questions about whether the plan had strong support from the Legislature, Moore and Higher Education Commissioner Tom Layzell said the proposal has strong support from House Speaker Tim Ford, Lt. Gov. Amy Tuck and other legislative leaders. At least three bills were passed at the Capitol in support of funding various parts of the proposal, Moore told the judge.
Some students contacted during lunch at the Ole Miss Student Union said they never heard of the Ayers case or knew little about it and wouldn't comment. Others familiar with the details said it's time to stop the legal wrangling and do something to help JSU, Valley and Alcorn.
"They should get the same benefits as the other schools in Mississippi," said Courtney Pierce, 18, of Amory, an Ole Miss freshman. "I hope they find the money."
Ole Miss senior Tamerral Mixon, 21, of Jackson said he considered going to JSU but felt Ole Miss had more to offer. He's studying business on the Oxford campus.
"They (historically black colleges) definitely deserve it," Mixon said. Too often, there's "no competition" when you compare facilities, programs and dollars between schools like Ole Miss and Mississippi State when measured against JSU, Valley and Alcorn, he said.
September 5, 2001
'Separate but equal' questioned
$503 million settlement plan before judge
By Andy Kanengiser
Clarion-Ledger Staff Writer
OXFORD ? As Mississippi leaders Tuesday touted a $503 million plan as a way of achieving equity for black schools, the federal judge who'll rule on the proposal wondered if the state can afford to support eight "equal universities."
Bruce Newman / The Associated Press
Dr. Vernon Archer (left), president of the Jackson State University Faculty Senate, and Lillie Ayers enter federal court in Oxford on Tuesday for a fairness hearing before U.S. District Judge Neal Biggers Jr. in Mississippi's long-running higher education desegregation lawsuit filed by Ayers? late husband, Jake Ayers Sr., in 1975.
WHAT'S NEXT
A College Board consultant will wind up the state's side today followed by, from the critics' corner, Lillie Ayers, whose late husband filed the lawsuit; Ivory Phillips, a former JSU Faculty Senate member; and two lawmakers concerned about the makeup of the College Board.
Is there a need to spend big dollars to create seven academic programs to lift up Mississippi Valley State University when the same programs exist 40 miles away at majority-white Delta State University?, U.S. District Judge Neal Biggers asked in the first day of the "fairness hearing" he called on the proposed settlement for resolving the 26-year-old Ayers higher education desegregation case.
How will similar programs at Mississippi Valley attract many students when such programs in special education and mathematics, among others are graduating few students at Delta State?, he asked.
"Didn't the U.S. Supreme Court rule out separate but equal several years ago?" Biggers asked at one point.
U.S. Rep. Bennie Thompson, an original plaintiff in the lawsuit filed in January 1975, responded: Some of Mississippi's universities have prospered over many decades, while the three historically black institutions have "languished on the vine" and need extra help now. Thompson said some duplication of basic programs is needed.
The 2nd District congressman, Gov. Ronnie Musgrove and Attorney General Mike Moore joined other Mississippi leaders in putting a stamp of approval on their $503 million plan.
But Thompson also expressed his reservations.
"If I had my preference, we would have a $1 billion check today," said Thompson. But he said he decided to settle for half that amount to take big steps to give students better opportunities at Jackson State, Alcorn State and Mississippi Valley State universities.
It's a matter of either "getting $500 million (now) or continue the litigation and run the risk of getting zero," Thompson said as Biggers, lawyers and 50 courtroom spectators looked on.
Thompson said settlement monies are a foundation the Legislature can build on to put the three schools on a better footing with their majority-white counterparts. "It's a start. It's not the finish."
Outside the courtroom, longtime Ayers lawyer Alvin Chambliss, former lead attorney with the plaintiffs, said Thompson did the best he could in the Ayers negotiations "but it leaves us in a fix. It (the proposal) doesn't address why Jake Ayers went to court."
An exchange between Chambliss and Biggers stood out in a day of routine testimony. As board attorney Paul Stephenson III was making an opening statement, Chambliss wanted to raise some issues regarding his witnesses.
Biggers tried to quiet Chambliss and encouraged him to take his seat. Chambliss shot back that he's "due respect. You don't point at me and holler at me."
Biggers responded: "If you try to interrupt any more, you will be removed from this court."
As U.S. marshals approached, Chambliss quickly sat down at a chair where the jury normally sits.
He returns today as the attorney for Jake Ayers' widow, Lillie Ayers, who is urging the judge to reject the settlement plan, saying it's a far cry from what her husband wanted.
Lillie Ayers sat in a front-row seat in the courtroom and the arguments she heard didn't sway her opinion. The $503 million is far short of what's needed, she said.
Others attending the proceedings were of the same opinion.
"The settlement is not fair," said Alcorn State Faculty Senate President Alex Acholonu during a lunch break at the federal building on Jackson Avenue. The Ayers settlement should make 130-year-old ASU "what we are supposed to be. We want engineering, forestry and architecture."
JSU freshman James Jones, 18, of St. Louis, who was among a busload of JSU students attending the fairness hearing, walked away disappointed with the details of the settlement plan. "It could be better. I learned about it in class."
The JSU English and pre-law student said he wants to attend a Jackson State law school, not one at the University of Mississippi in Oxford or private Mississippi College in Jackson.
Speaking in favor of the settlement plan Tuesday, state College Board President Bill Crawford said it's time to end Ayers, which he said "puts a cloud over our proceedings and higher education in Mississippi." Everything the board does, from talking about new programs to budgets, to expanding operations on the Gulf Coast revolves around the case, he said.
Musgrove, who called Ayers players to the bargaining table June 5, 2000, to begin the 10-month process of hammering out a settlement, testified about the need to put the 26-year-old legal fight to rest. Musgrove said that, as a state senator, lieutenant governor and now as governor, it has became apparent to him that Ayers was a "major drain on higher education and needed to be settled in a way that's fair and equitable to Mississippi's three historically black universities."
The Ayers settlement plan that provides for a payout in the next 17 years is the way to do it, he said.
Musgrove said an Ayers settlement is a way to reach the point where every student can get a "quality education" whether they go to a historically black or majority-white university in Mississippi.
While Biggers raised questions about whether the plan had strong support from the Legislature, Moore and Higher Education Commissioner Tom Layzell said the proposal has strong support from House Speaker Tim Ford, Lt. Gov. Amy Tuck and other legislative leaders. At least three bills were passed at the Capitol in support of funding various parts of the proposal, Moore told the judge.
Some students contacted during lunch at the Ole Miss Student Union said they never heard of the Ayers case or knew little about it and wouldn't comment. Others familiar with the details said it's time to stop the legal wrangling and do something to help JSU, Valley and Alcorn.
"They should get the same benefits as the other schools in Mississippi," said Courtney Pierce, 18, of Amory, an Ole Miss freshman. "I hope they find the money."
Ole Miss senior Tamerral Mixon, 21, of Jackson said he considered going to JSU but felt Ole Miss had more to offer. He's studying business on the Oxford campus.
"They (historically black colleges) definitely deserve it," Mixon said. Too often, there's "no competition" when you compare facilities, programs and dollars between schools like Ole Miss and Mississippi State when measured against JSU, Valley and Alcorn, he said.