IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE. DISTRICT OF NORTH CAROLINA
GREENSBORO DIVISION
DOUGLAS STEPHEN HARRIS,
et al.,
Plaintiffs,
v.
JAMES S. FERGUSON, Chancellor
of the University of North
Carolina, et al.,
Civil No. C-133-G-73
MEMORANDUM IN OPPOSITION
TO MOTION TO DISMISS
Defendants.-
FACTS
The. plaintiffs in this action are members of the student
body of the University of North Carolina at Greensboro. During
the year 1973 they were also members of the Student Senate at
the University. Tha defendants are the Chancellor of the University,
the members of the Board of Trustees and Leon Chestnut and Melinda
Pennix officers of the Neo-Black Society.
According to the allegations of plaintiffs' complaint, the
Neo-Black Society was a duly organized and chartered student
organization of the University of North Carolina at Greensboro.
The Society has a membership of approximately 145 students, all
of whom are black. The Society has had appropriated for its use
and has received or will receive in excess of $3,000.00 during
the spring and summer semesters of 1973. These funds allocated
to the Society are obtained from student fees which are charged
to the plaintiffs and all other full-time students at the
University.
In their complaint the plaintiffs alleged that the Society
has engaged in and continues to engage in a policy of vigorously
discouraging white membership. White students who have inquired
into the possibility of joining the Neo-Black Society have been
informed by members of the Society that there presence would be
disruptive to black unity and have been discouraged from joining.
Indeed the aims of the Society are "to promote understanding and
a sense of unity among black students". (Emphasis added)
SMITH, PATTERSON, FOLLIN 8 CURTIS ' T
ATTORNEYS AND COUNSELORS AT LAW
[Legal filings in the case of Harris et al. vs. Ferguson et al.]
Date
1973-06-25
Creator
Curtis, Michael Kent
Biographical/historical note
Michael K. Curtis handled the University of North Carolina at Greensboro student senate appeal regarding the reclassification of the Neo-Black Society. He has served as a cooperating attorney for the North Carolina Civil Liberties Union, and is currently a law professor at Wake Forest University.
Subject headings
Guilford College
Topics
Race relations at Guilford College
Place
Greensboro (N.C.)
Description
This legal filing, dated June 25, 1973, details the opposition of the plaintiffs in the case of Harris et al. vs. Ferguson et al. to a motion to dismiss the case. Included are a memorandum in opposition to motion to dismiss, motion for preliminary injunction, and brief in support of motion for preliminary injunction, prepared by Michael K. Curtis, attorney for the plaintiffs. On March 26, 1973, University of North Carolina at Greensboro (UNCG) Student Government Association (SGA) had voted to reclassify (removed funding and recognition from) the Neo-Black Society. The SGA decision was overturned by university administration on the basis of faulty evidence and improper procedure by SGA, resulting in an eventual legal case that led to the Neo-Black Society's reinstatement as a recognized and funded organization. Plaintiffs in the case were members of the SGA who supported reclassification.
Type
text
Original format
reports
Original dimensions
8.5"" x14""
Original publisher
[Place of publication not identified] : [publisher not identified]
Language
en
Contributing institution
Martha Blakeney Hodges Special Collections and University Archives, UNCG University Libraries
Source collection
UA2.8 Chancellor James Sharbrough Ferguson Records
NO COPYRIGHT - UNITED STATES. This item has been determined to be free of copyright restrictions in the United States. The user is responsible for determining actual copyright status for any reuse of the material.
Object ID
UA002.008.0705
Digital publisher
The University of North Carolina at Greensboro, University Libraries, PO Box 26170, Greensboro NC 27402-6170, 336.334.5305 -- http://library.uncg.edu/
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE. DISTRICT OF NORTH CAROLINA
GREENSBORO DIVISION
DOUGLAS STEPHEN HARRIS,
et al.,
Plaintiffs,
v.
JAMES S. FERGUSON, Chancellor
of the University of North
Carolina, et al.,
Civil No. C-133-G-73
MEMORANDUM IN OPPOSITION
TO MOTION TO DISMISS
Defendants.-
FACTS
The. plaintiffs in this action are members of the student
body of the University of North Carolina at Greensboro. During
the year 1973 they were also members of the Student Senate at
the University. Tha defendants are the Chancellor of the University,
the members of the Board of Trustees and Leon Chestnut and Melinda
Pennix officers of the Neo-Black Society.
According to the allegations of plaintiffs' complaint, the
Neo-Black Society was a duly organized and chartered student
organization of the University of North Carolina at Greensboro.
The Society has a membership of approximately 145 students, all
of whom are black. The Society has had appropriated for its use
and has received or will receive in excess of $3,000.00 during
the spring and summer semesters of 1973. These funds allocated
to the Society are obtained from student fees which are charged
to the plaintiffs and all other full-time students at the
University.
In their complaint the plaintiffs alleged that the Society
has engaged in and continues to engage in a policy of vigorously
discouraging white membership. White students who have inquired
into the possibility of joining the Neo-Black Society have been
informed by members of the Society that there presence would be
disruptive to black unity and have been discouraged from joining.
Indeed the aims of the Society are "to promote understanding and
a sense of unity among black students". (Emphasis added)
SMITH, PATTERSON, FOLLIN 8 CURTIS ' T
ATTORNEYS AND COUNSELORS AT LAW