Newspapers / Winston-Salem Chronicle (Winston-Salem, N.C.) / June 15, 1989, edition 1 / Page 2
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Supreme Court issues setback for affirmativ^vaction BLAMES H. RUBIN Associated Press Writer WASHINGTON -- The Supreme Court, in a major setback for affirmative action, has expanded the ability of white men to challenge court-approved plans giving preferential treatment to minorities and women in gov ernment jobs. By a 5-4 vote, the justices handed civil rights advo cates their latest defeat in the case of white Birming ham, Ala., firefighters who say they are victims of reverse discrimination. The justices said an affirmative action plan agreed to by public officials and approved in court may be attacked even years later in a new suit by workers who took no part in the case leading to the original agree ment. The ruling marks the third time this year a newly solidified high court conservative majority has dealt a significant blow to efforts aimed at helping minorities and women overcome bias. The court in January ruled that state and local govern ments generally may not impose racial quotas for pub lic works projects. On June 5, the justices erected new barriers for minorities seeking to prove with statistics that they are relegated to lower paying, less desirable jobs. Chief Justice William H. Rehnquist, writing for the court, dismissed arguments that the ruling threatens voluntary settlement of minority employment discrimi nation claims. "A voluntary settlement in the form of a (court) con sent decree between one group of employees and their employer cannot possibly settle, voluntarily or other wise, the conflicting claims of another group of employees who do not join in the agreement," he said. "A judgment or decree among parties to a lawsuit resolves issues as among them, but it does not conclude the rights of strangers to those proceedings ," he said. In a dissenting opinion, Justice John Paul Stevens said the ruling could have serious consequences for affirmative action plans agreed to by employers. The decision "would subject large employers who seek to comply with the law by remedying past dis crimination to a never-ending stream of litigation and potential liability/' Stevens said. He said the ruling threatens to undo efforts by Birm ingham which "has made a substantial step toward the eradication of the long history of pervas.ive racial dis crimination that has plagued its fire department." Stevens was joined by Justices William J. Brennan, Harry A. Blackmun and Thurgood Marshall. Joining Rehnquist were Justices Byron R. White, Sandra Day O'Connor. Antonin Scalia and Anthony M. Kennedy. In other action, the court: - Ruled that a jury choosing between the death penal ty and a life prison term for a convicted murderer gen erally may not be tokl about the victim's personal char acteristics. By a 5-4 vote, the justices ruled that a South Carolina murderer unfairly was sentenced to death after a prose cutor told jurors that the victim was a religious, com munity-minded person. - Agreed to decide whether manufacturers legally . may give some discounts to wholesalers but not retail ers. The court said it will hear an appeal by Texaco Inc., ordered to pay $1.38 million in antitrust damages to 12 service stations in the Spokane, Wash., area. - Turned down an appeal by companies involved in treating hazardous waste aimed at forcing the govern mem to adopt tougher environmental rules. The court, without comment, refused to let the firms sue for stricter standards that could increase their busi ness volume or give them a competitive advantage over other waste- treatment companies. - Rejected an appeal by an aspirin manufacturer being sued for $10 million by the parents of a child who contracted Reyes Syndrome. The court, without comment, let stand a Wisconsin judge's order that the maker of Bayer aspirin reveal numerous company records. -- Made it easier to recover lawyers' fees for people who win disputes with the government over Social Security benefits. By a 5-4 vote, the court said the government must reimburse legal fees incurred during administrative pro ceedings that a federal court has ordered the Depart ment of Health and Human Services to conduct. - Refused to let Montana sheep owners kill grizzly bears threatening their herds. The court, over one dissenting vote, rejected argu ments that the owners have a constitutional right to pro tect their property ? even if it means killing animals designated an endangered species. -- Turned away the case of a Marine who died after his wisdom tooth was pulled, and left intact a legal doc trine barring members of the military from suing over injuries suffered "incident to service." The court, without comment, refused to reinstate law suits against the government by the widow of Marine Sgt. Timothy Adkins, whose death in 1985 sparked three separate investigations by the Marines and Navy. The Birmingham case began in 1974 when city offi cials and the Jefferson County Personnel Board were sued by the National Association for the Advancement of Colored People and blacks charging racial bias in the city fire department. Eventually both sides reached agreement on an exten sive plan that includes long-term and interim goals for hiring blacks as firefighters and promoting blacks to higher ranks. The plan also included provisions to help women advance. The Birmingham Firefighters Association opposed the plan. But its objections were rejected by a federal judge who issued consent decrees in 1981 approving the agreement At the time, the city's 453 firefighters included 42 blacks. None of the department's 140 lieutenants, cap tains or battalion chiefs was black. Seven white firefighters then challenged the promo tion plan, saying less-qualified blacks were being pro moted ahead of them. A federal judge ruled that the white firefighters were bound by the court consent decree and dismissed their suit. * But the 11th U.S. Circuit Court of Appeals in late 1987 reinstated the suit, sparking an appeal to the Supreme Court by the city and county officials and those who filed the 1974 suit. * ? ? ? - -a- r In a similar case last year, the justices split 4-4 in upholding a New York City affirmative action plan for promoting more blacks and Hispanics in the city. Kennedy, the court's newest member, did not partici pate in that case. The former Reagan administration sided with the white Birmingham firefighters even though the Justice Department had joined in the 1974 suit on the side of those alleging bias against minorities. The governmen t's position was staked out prior to the Bush administra tion taking office. The case is Martin vs. Wilks, 87-1614. FCC conditionally renews licenses of South Carolina radio stations By The Associated Press WASHINGTON -- The Federal Communications Commission has condi tionally renewed the licenses of four radio stations owned by Beasley BroadcastGroup of Kinston,N.C., but said the company must improve its affirmative action program. The commission said there were no objections filed against WLIT-AM and WYAV-FM in Conway, S.C., or W FTC-AM and WRNS-FM in Kin gton but fh* gtatinns for the next three years must report the number of minority workers employed and improve its efforts to recruit minority workers. The company also is liable for a $3,000 forfeiture unless it can show why few minorities were hired at the S.C. stations. "While our review of your renewal applications and response to our letter of inquiry reveals no evidence of discrimination, it does reveal a record of inadequate (equal employment opportunity) efforts,'1 the FCC said in a June 8 letter to company president George Beasley. The FCC said the company contacted minority groups and organizations in filling vacancies at the stations, but dees not say how many referrals were obtained from the groups contacted. Low-income people find banking difficult in Charlotte By The Associated Press ~ ; ? ? ? CHARLOTTE -- Low- and modest-income residents say banks make them feel unwelcome, but bank and savings and loan officials insist they don't discriminate against neighborhoods or against blacks or poor people. "It is the policy of NCNB ... to be aware of and sensitive to the various needs of all the communities and individuals which we serve," NCNB Corp. Chairman Hugh McColl Jr. said in an April letter to his board. T.V. Adams, First Union senior vice president and deputy general coun sel, told The Charlotte Observer: "Going back years and years, programs benefiting low-income people and minorities have been very substantial and far exceeded what's required." But Congress, federal regulators and community groups are pressing U.S. banks and S&Ls to do more. Geraldine Beckham wanted to start saving for her preschool children's future, but the bank wouldn't take her money. The $80 she had set aside from her $5.50-an-hour nursing home job wasn't enough to start a savings account at NCNB. When Bill Covington, a black retired police officer who owns two homes, sought a $10,000 loan to buy the $17,000 boat of his dreams, a bank loan officer told him to go to a black lending company. And Arlene McCullough can't cash her paycheck at Wachovia - the bank -ilk-written on ? because shd has no bank account or driver's license. Instead, she pays $2 of each paycheck to a check cashing service. "You have so much hassle everywhere else," said Ms. McCullough, 37, who supports a mentally ill son with his $363-a-month government check and her $5.50-an-hour earnings. "...It's worth the money just not to get the hassle." In making their point, poor people note that: ? Bank and savings and loan branches are sparse in the low- and moder ate-income areas north and west of uptown Charlotte. Those areas hold 61 percent of the city's blacks and 27 percent of the total population - but only 14 percent of branch banks and S&Ls outside of uptown. ? While most banks and S&Ls offer low-cost checking accounts for peo ple without much money, the accounts are rarely promoted. And sometimes bank workers don't tell customers about those accounts, even when they ask. ? Charlotte banks and S&Ls no longer cash Social Security and other government checks if you have no account. Some won't accept a federal tax refund check as an opening deposit. : There have been new efforts to enforce the 1977 federal Community i Reinvestment Act, a law requiring the institutions to serve all parts of the community. Originally aimed at "redlining," a practice of denying housing loans in neighborhoods considered bad risks, the law is increasingly being applied to day-to-day banV ig services that benefit minorities and lower-income people. ' - Theft, money orders costing up to $1 apiece, check-cashing fees of up to 1 3 percent - all are facts of life for thousands who get government checks J but don't have bank accounts. "Down the long run, if you don't have a bank account, you can't get cred it," said Mary Clarke, president of the NAACFs Charlotte-Mecklenburg ? : chapter. "People need the bank; they need to be with the bank." - A common belief, Ms. Clarke said, is: "If you don't have a lot of money, the banks probably don't want to be bothered." Speakers, workshops to highlight Black Caucus Weekend From Chronicle Staff Reports Also a North Carolina native, Mr. Chambers received his undergraduate degree from North Carolina Central University in Durham. After com Prominent Afro- American politicians, workshops and a banquet will pleting law school at the University of North Carolina at Chapel Hill, he highlight the annual North Carolina Legislative Black Caucus Weekend practiced law in Charlotte and has worked primarily with civil rights "set for June 16-17Tfthe Mariott Hotel in Raleigh. " ' cases. Mr. Chambers has served as director/counsel of the Legal Defense^ ? Congressman Edolphus Towns, D-New York, is scheduled to speak, and Educational Fund smce 1984, He also lectures at the University of 7 p.m. Friday at the function's banquet. Congressman Towns is a North Pennsylvania and Columbia University schools of law. Carolina native who became Brooklyn's first Afro-American deputy bor- Other activities scheduled for the weekend include an elected offi ough president. He is a graduate of North Carolina A&TState University cials forum, 2-5 p.m., and a corporate reception, 6-7 p.m., both on Friday, and currently serves on the Board of Trustees of Shaw University. Mr. ? Breakfast will be served at 8 a.m. Saturday and Rep. C.R. Edwards Towns holds honorary doctorate degrees from both institutions. He has will preside. Remarks will be made by Sen. Henson P. Barnes, president taught in the New York City public school system and at Medgar Evers pro tempore of the North Carolina Senate and Rep. Josephus Lyman College and Fordham University in New York. Mavretic, speaker of the N.C. House of Representatives. Julius Chambers, director/counsel of the NAACP Legal Defense and Workshops on health and environment, education, social services Educational Fund, will speak at the caucus luncheon 12:30 Saturday, and political empowerment will follow the breakfast. Physicians WEIGHT LOSS Centers spend *60? 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Winston-Salem Chronicle (Winston-Salem, N.C.)
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June 15, 1989, edition 1
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