| Abstract: | The United States District Court in 1985 determined that Yonkers,New York intentionally segregated public housing and publicschools by locating nearly all of its public and subsidizedhousing in one section of the city. Although the city initiatedactions to promote school integration in compliance with a courtorder, the city council refused to implement the housing remedyorder. Failure of the council to implement a consent order in1988 led to the U.S. District Court holding the city and fourcouncil members in contempt of court and imposing fines. Thedesegregation decision was upheld by the U.S. Circuit Courtof Appeals and by the U.S. Supreme Court. The court of appealsupheld the contempt rulings against the city and the four councilmembers, and the Supreme Court granted the council members'petition for issuance of a writ of certiorari. The council membersraised procedural objections, charged the district court withabuse of discretion, maintained that the remedial ordinancecould not be adopted by the specified date without violatingthe state's notice and hearing requirements, and claimed legislativeimmunity and protection under the First Amendment. The SupremeCourt in 1990 held that the district court's contempt sanctionswere "an abuse of discretion" and that the district court shouldhave limited its contempt sanctions to the city of Yonkers andnot to the councilmen. The Court did not address the questionof whether local legislators possess legislative immunity. |
