A lawsuit

In 1951, a class action suit was filed against the Board of Education of the City of kansas in the United States District Court for the District of Kansas. The plaintiffs were thirteen Topeka parents on behalf of their twenty children.

The suit called for the school district to reverse its policy of racial segregation. Separate elementary schools were operated by the Topeka Board of Education under an 1879 Kansas law, which permitted (but did not require) districts to maintain separate elementary school facilities for black and white students in twelve communities with populations over 15,000. The plaintiffs had been recruited by the leadership of the Topeka NAACP. Notable among the Topeka NAACP leaders were the chairman McKinley Burnett; Charles Scott, one of three serving as legal counsel for the chapter; and Lucinda Todd.

Separeate but equal?

For much of the ninety years preceding the Brown case, race relations in the U.S. had been dominated by racial segregation. This policy had been endorsed in 1896 by the United States Supreme Court case of Plessy v. Ferguson, which held that as long as the separate facilities for the separate races were equal, segregation did not violate the Fourteenth Amendment.

The jury  in Brown asserted that this system of ratial separation, while masquerading as providing separate but equal treatment of both white and black Americans, instead perpetuated inferior accommodations, services, and treatment for black Americans. Racial segregation in education varied widely from the 17 states that required racial segregation to the 16 that prohibited it.