Alioto

MEMORANDUM OF DECISION

This is a civil rights action brought pursuant to the provisions of Title 42 U.S.C. §§ 1981 and 1983 seeking injunctive and declaratory relief. The jurisdiction of this court is invoked under Title 28 U.S.C. § 1343 (3) and (4), Title 28 U.S.C. §§ 2201 and 2202, and Title 28 U.S.C. § 1337 .

Plaintiffs, Western Addition Community Organization, National Association for the Advancement of Colored People and the Mexican-American Political Association, all non-profit corporations existing for the purpose, among others, of eliminating racial discrimination in employment, bring this action on behalf of all Negro and Mexican-American San Francisco area adults fully qualified to be firemen with the San Francisco Fire Department but who are allegedly barred from such profession due to their inability to maintain a sufficiently high score on the written examination administered by defendants as a prerequisite to such occupation in San Francisco; also on behalf of all Negro and Mexican-American San Francisco adults desirous of having their homes protected by an integrated fire department.

The action is presently before the court on plaintiffs’ motion for a preliminary…