In 2005, Judge Gottschall ruled in favor of the plaintiffs, and found that the city's use of the 89 cutoff score on the test was discriminatory, on several counts. The plaintiffs alleged that the very high cutoff score of 89, as compared to the 65 cutoff score that had previously been stated, had a disparate impact to discriminate against African Americans, since 78% of candidates above the cutoff were white. In the ruling, Judge Gottschall held that the City had not shown that the test effectively measured the skills it was supposed to measure, like the ability to learn from demonstration. Consequently, performance on the 1995 test did not predict performance in the Fire Academy or on the job.