15 May 6, 1977 Box 2085 Austin 78768 THE COMMODORE HOTEL On Capitol Hill Owned by Texans. Run by a Texan. 520 N. Capitol St., NW Washington, D.C. 20001 Good books in every field JENKINS PUBLISHING CO. The Pemberton Press John H. Jenkins, Publisher ..1975, KaIse Systemet, In:. There is only one Earth brand shoe. The perfect shoe for people who stand on their feet all day. The shoe invented to make walking and standing easier and more comfortable. EARTH SHOE STORE 474-1895 1610 Lavaca Austin, Texas 78701 Style 110 BLENDING GOOD FOOD WITH GOOD TIMES BEEF & SEAFOOD ENTREES STEAKS BEER BATTER SHRIMP OYSTERS lunch happy hour dinner late night delights SINENAITI JAN 414 Barton Springs at Slot Austin:Texas the legislative act, something I wasn’t prepared to do.” Cornett’s troubles were the result of the two Supreme Court decisions, Washington v. Davis Arlington Heights v. Metropolitan Housing Corporation Washington, an employment discrimination suit, held that governmental action violated the equal protection clause of the 14th Amendment only when such action constituted deliberate discrimination against blacks. According to this interpretation, plaintiffs would be required to prove not only injury but intent. In Arlington Heights, the court applied the principle of Washington to exclusionary zoning, holding again that plaintiffs must prove intentional racial discirmination. Proving intent is notoriously difficult; the court suggested that plaintiffs might be able to make their cases by showing the historical context of the challenged decision, the specific antecedent events, any departures from normal procedures, and relevant contemporary statements of public officials, in addition to documenting unequal adverse impact on blacks. Judge Steger, apparently, was prepared to extend the rule of Washington and Arlington Heights to voting rights cases. Try again To complicate matters, Cornett still hadn’t named the appropriate state official as a defendant in the suit. The court gave him a choice of amending his complaint, taking a voluntary dismissal, or taking a dismissal with prejudice \(i.e., he “I elected to amend to include the state,” Cornett said, “but when I got back to the office I saw that the Three Judge Panel Federal Court Act had been repealed [in August, 1976], so I then decided to take a voluntary dismissal.” The court granted Cornett’s motion on Feb. 18. Now Cornett will try again. He will not have to face a three judge panel. The case will be tried before Judge Justice. His petition will raise the issue of state law, and the state attorney general’s office will defend. Cornett thinks he will be able to prove intent if he is required to, but he may not be: the Supreme Court has yet to say that the Washington rule covers voting rights litigation. In the meantime, black churches in Paris have been footing the bill for Cornett’s efforts. A year has passed since they began paying lawyer’s fees. It will be another year before the case reaches Justice’s courtroom. Laura Richardson is a second-year law student at the University of Texas in Austin and a freelance writer.