By Ashleigh Fields
Special to the AFRO
Longtime attorney and civil rights activist James Ferguson II died on July 21, leaving a hole in the lives and hearts of former clients, business partners and the country’s living icons.
Ferguson, a North Carolina native, earned his stake in legal prominence with the landmark Swann v. Charlotte-Mecklenburg Board of Education case argued before the Supreme Court in 1970.
The Charlotte attorney presented a case alongside Julius Chambers urging the city to propel integration through bussing. A year after he planted that seed for justice, the Supreme Court ruled in Ferguson’s favor, ordering municipalities across the country to address racial imbalances at schools through transportation and striking segregated neighborhoods from remaining a boundary for educational equality.
However, the feat was not accomplished without the two’s endurance, despite the burning of their legal offices and citywide protests.
Their persistence was rewarded through a provision allowing a 6-year-old Charlotte boy represented in the case to enroll in an integrated public school 17 years after the Brown v. Board of Education ruling.
Years later, Ferguson reflected on the case as a reflection of his own struggles with racial inequality in his hometown of Asheville.
“Everything about Asheville was determined, defined, delineated by race in one way or another,” Ferguson told the Legal Defense Fund in an interview last year. “Black people knew as a matter of survival that you didn’t make a cause of the inequality that was everywhere.”
He said from the time the Brown v. Board of Education ruling was issued in his eighth grade year to his high school graduation, not a single educational institution in the area abated racial tensions.
“And it so happened that nothing changed in Asheville,” Ferguson said. “Nothing changed. Not a single school changed from the eighth grade until I finished high school.”
But his deeply rooted experiences with racial injustice served as a platform for grace and unwavering determination to create change through the courtroom.
Less than a year after the Swann case, Ferguson would go on to successfully overturn the conviction of the Wilmington 10, a group of nine Black men and one White woman who were wrongfully convicted in 1971 in Wilmington, N.C., on arson and conspiracy charges for burning down a local grocery store. Former NAACP president and NNPA Chairman Ben Chavis Jr. was among the imprisoned and served a two-year sentence behind bars on the false charges.
Ferguson went to bat for the group, earning sentence commutations for the convicted after decade-long prison terms and eventually gained pardons from Gov. Beverly Perdue (D) in 2012.
Throughout his legal success, Ferguson also rewrote history by founding the state’s first interracial law firm that employed Adam Stein, father of North Carolina Gov. Josh Stein (D).
“For as long as I can remember, Fergie has been my hero. He was a steadfast champion of civil rights and spent his life fighting for the betterment of others,” the governor said in a statement after his death. Stein added, “He was also incredibly charismatic, charming, and kind. And, to my entire family, but especially my dad, Adam, he was a dear friend.”
For his work, Ferguson has been well revered by national leaders and organizations.
“His work extended beyond the courtroom—he was a mentor, a civic leader, and a voice of reason and integrity in times of challenge and change. His contributions have left an indelible mark on the legal profession, our local institutions, and the broader movement for Black liberation,” the Black Political Caucus of Charlotte-Mecklenburg said in a statement.
“We extend our heartfelt condolences to his family, friends, and all those who were impacted by his leadership and example. As we mourn his loss, we also celebrate a life that embodied purpose, passion, and principle.”
Charlotte Mayor Vi Lyles (D) hammered down on those sentiments in a follow up statement.
“James was a civic leader of great conviction, fighting for equity, justice and equal rights for all. He was an exceptional friend and mentor, and I will miss him very much,” Lyles wrote.
“Today, our city mourns the loss of James E. Ferguson II—a true pillar of justice, wisdom, and compassion,” said Charlotte city councilman Malcolm Graham in a statement posted on social media.
“He was tireless advocate,” he added. “Mr. Ferguson shaped the lives of countless people here in Charlotte and far beyond.”
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