Summary

Winston-Salem Forsyth County Board Of Education v…

To assert, as the applicants do, that the 'average time' of travel is one hour conveys very little enlightenment to support an application to stay the order of a District Court, however reluctantly entered by that court, especially an order dealing with a school term opening so soon after the motion was first presented. The 'average' travel time may be generally relevant but whether a given plan trespasses the limits on school bus transportation indicated in Swann, 402 U.S., at 29, 30, 31, 91 S.Ct., at 1282, 1283, cannot be determined from a recital of a 'one hour average' travel time.
Source: Wikisource

Winston-Salem Forsyth County Board Of Education v…

The Board submitted the plan to the District Court under protest and voiced strong objections to its adoption. A Board resolution submitted with the plan stated in conclusion that it was submitted to 'accomplish the required objective of achieving a racial balance in the public schools . . . (but it) is not a sound or desirable plan, and should not be required . . .' (Emphasis added.) On July 26, 1971, the District Court accepted the plan, noting that it was 'strikingly similar' to the Larsen plan which it had previously refused to implement as not constitutionally required.
Source: Wikisource

Winston-Salem Forsyth County Board Of Education v…

Notes
↑ By way of illustration, if the record showed-to take an extreme example of a patent violation of Swann-that the average time was three hours daily or that some were compelled to travel three hours daily when school facilities were available at a lesser distance, I would not hesitate to stay such an order forthwith until the Court could act, at least as to the students so imposed on. The burdens and hardships of travel do not relate to race; excessive travel is as much a hardship on one race as another.
Source: Wikisource

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