Phelps' national notoriety first came from a 1973 lawsuit (settled in 1978) on behalf of a 10-year-old African-American plaintiff, Evelyn Renee Johnson (some sources say Evelyn "Rene" Johnson), against the Topeka Board of Education (which had, in 1954, famously lost the pivotal racial discrimination case of "Brown vs. Board of Education," ending legal racial segregation in U.S. public schools), and against related local, state and federal officials. In the 1973 case, Phelps argued that the Topeka Board of Education, in violation of the 1954 ruling, had not yet made its schools equal, and by attending Topeka's east-side, predominantly minority schools, the black plaintiff had received an inferior education.