In the Findings of Fact and Conclusions of Law entered in this action on March 7 1979 Court concluded that the Defendants were entitled to judgment against the Plaintiffs and the class they represent with respect to all claims asserted in the case under Title VII of the Civil Rights Act (42 U.S.C. SEC. 2000e et seq.). Court also concluded that the Defendants were entitled to judgment with respect to all claims brought under 42 U.S.C. SEC.(S) 1981 and 1983 insofar as the City of St. Petersburg Police Department is concerned.

However with respect to the Fire Department Court found purposeful pre-Act discrimination *fn1 in the employment of Firefighters and the parties were directed to submit additional factual data and legal memoranda concerning the appropriate contemporary remedy if any which should be awarded under those circumstances. That has now been accomplished.

With respect to the number and percentage of black Firefighters hired since July 1 1972 and the composition of the firefighting force at year end 1978 the additional data submitted by the City may be summarized as follows:

TABLE

While these figures vary somewhat from the corresponding data previously submitted (see p. 850 and pp. 858-859 of the Findings and Conclusions entered March 7, 1979) due at least in part to the use of slightly different time periods which provide more current information they still confirm the principal conclusion already reached: namely that the City's employment practices since 1972 (and the effective application to it of Title VII) have been racially non-discriminatory. *fn2 In addition however they also supply the answer to the question which could not be clearly resolved before: namely the current or continuing effect if any of the City's pre-Act discrimination in the employment of Firefighters.

Unfortunately the plain answer is that the City's voluntary affirmative action program has not succeeded in eradicating the effect of pre-Act discrimination the continuing result of which is easily demonstrated. At the end of last year there were 306 Firefighters of whom 297 or 97% Were white and 9 or 2.9% Were black. The standard deviation is approximately 5.

The expected value would be approximately 29 employees (306 X .096) whereas the actual or observed value was 9 a difference of 20 or four times the standard deviation. A disparity of that magnitude must be attributed to factors other than random or racially neutral selection procedures. Castaneda v. Partida 430 U.S. 482 496 n. 17 97 S. Ct. 1272 1281 n. 17 51 L. Ed. 2d 498 (1977); Hazelwood School District v. United States 433 U.S. 299 311 n. 17 97 S. Ct. 2736 2743 n. 17 53 L. Ed. 2d 768 (1977).

Court now concludes therefore that there is a present and continuing effect of the City's pre-Act discrimination in the employment of Firefighters. The legal question remains however as to whether that circumstance now justifies a remedy. In United Air Lines Inc. v. Evans 431 U.S. 553 97 S. Ct. 1885 52 L. Ed. 2d 571 (1977) Court held a Title VII claim to be time barred even though the Effect of an earlier discriminatory act continued to the present in the form of disparate seniority rights. Court said " the emphasis should not be placed on mere continuity; the critical question is whether any present Violation exists." Id. 97 S. Ct. at 1889.

In the context of this case therefore the question is whether any violation occurred within the applicable limitations period preceding the filing of the action. The suit was filed on February 18 1975 and with respect to the claim under 42 U.S.C. SEC. 1981 for injunctive relief the applicable limitations period would be four years. Florida Statute 95.11(3)(f); Bennett v. Georgetown Manor Inc. 452 F. Supp. 590 (S.D.Fla.1978). Compare Cutliff v. Greyhound Lines Inc. 558 F.2d 803 (5^th Cir. 1977). Accordingly since Court has found the existence of purposeful discrimination until March 1972 a point in time well within the applicable limitations period United Air Lines Inc. v. Evans supra is inapposite to this case.

The appropriate remedy is to require the City to employ at least one otherwise qualified black Firefighter for each two white Firefighters hereafter employed until such time as the number of black Firefighters is equivalent to 9.6% Of the total Firefighter work force. *fn3 See NAACP v. Allen 493 F.2d 614 (5th Cir. 1974); cf. United Steel Workers of America v. Weber 443 U.S. 193 99 S. Ct. 2721 61 L. Ed. 2d 480 (1979). It is therefore

ORDERED and ADJUDGED:

1. The Defendants City of St. Petersburg and Zelmar Greenway as Fire Chief their officers agents servants employees and Counsels and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are hereby permanently and mandatorily enjoined to employ at least one otherwise qualified black Firefighter for each two white Firefighters hereafter employed until such time as the number of black Firefighters is equivalent to at least 9.6% Of the total Firefighter work force.

2. The Defendants City of St. Petersburg and Zelmar Greenway as Fire Chief are directed pending further order of Court to file with Court and serve upon Plaintiffs' Counsel a written report each time a Firefighter or group of Firefighters is employed. Such report shall disclose the race of each such newly employed Firefighter; the total number of Firefighters' force then employed by the City; and the racial composition of the force of Firefighters.

3. Jurisdiction of this cause is reserved for the purpose of modifying supplementing or enforcing this decree.

4. Except for the relief awarded in paragraphs 1 and 2 above all other claims heretofore made or asserted by the plaintiffs in this cause for themselves individually or for the class they have been certified to represent pursuant to Rule 23(b)(2) are hereby DENIED and each and all of such claims are hereby DISMISSED with prejudice.

5. The Clerk shall assess costs in favor of the Plaintiffs and against the Defendants.

IT IS SO ORDERED.