Restoring Access to the Courts for Citizen Enforcement of Civil Rights Law
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Restoring Access to the Courts for Citizen Enforcement of Civil Rights Law
In 2001, the United States Supreme Court took away the right of individuals to challenge federally funded programs that have a discriminatory impact on them and their communities.
The time is long overdue to restore the right to sue to stop tax dollars from being used to discriminate.
Title VI of the Civil Rights Act of 1964 prevents discrimination on the basis of race, color, and national origin in any federally funded program. Numerous civil rights statutes allow individuals to challenge the discriminatory impact of various practices. Title VI should be no different.
Demand Congress restore your right to be free of discrimination. Demand Congress amend Title VI of the Civil Rights Act.
Click here to view the Lawyers' Committee's comprehensive guide to filing a Title VI complaint.
Click on the links below to learn more:
- Title VI of the Civil Rights Act of 1964
- Private Citizen Suits Ensure Effective Enforcement
- The Supreme Court Revokes Access to Courts: Alexander V. Sandoval
- Agencies Have Failed to Enforce the Law
- Take Action
Title VI of the Civil Rights Act of 1964
Title VI of the Civil Rights Act of 1964 states "[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." [1]
Title VI has been an effective tool in challenging discriminatory programs supported by funds from the Department of Transportation, the Environmental Protection Agency, and other federal agencies. Where discriminatory conduct is found, the agency has the power to revoke funding.
Individuals and communities have a right to not have their tax dollars supporting programs that discriminate against them. Organizations all over the country have taken action. In Los Angeles, CA, the Bus Riders Union case exemplifies the possibility for improving our communities for the benefit of all regardless of race, color or national origin.
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Private Citizen Suits Ensure Effective Enforcement
Los Angeles Bus Riders Case - In 1994, the Labor/Community Strategy Center and Bus Riders Union, along with other groups, brought suit against the Metropolitan Transportation Authority in Los Angeles alleging MTA violated Title VI of the 1964 Civil Rights Act by establishing a discriminatory, separate, and unequal transportation system while using federal funds. The city eventually settled the suit and signed a consent decree that led to a fare reduction, reduced bus overcrowding and new service to major centers of employment, education and healthcare throughout the county. Click here to read more about the case.
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The Supreme Court Revokes Access to Courts: Alexander v. Sandoval
Prior to 2001, private litigants were able to use the disparate impact theory to enforce Title VI's mandate of nondiscrimination. However, that changed in 2001 with the Supreme Court case Alexander v. Sandoval.[2] The Court ruled that only the federal government, not individual plaintiffs could bring a Title VI suit alleging the discriminatory impact of federally funded programs. This opinion, decided by a bare 5-4 majority, overturned decades of case law that held individuals could bring these cases on their own behalf. As a result of this dramatic shift, advocates lost a powerful tool to challenge programs that have a discriminatory impact on minority communities.
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Agencies Have Failed to Enforce the Law
As of the end of 2008, the EPA had processed a total of 211 Title VI complaints since 1993. Of those, 40 (19%) were still pending, and 171 (81%) had been closed. Of the closed cases, 127 (60 %) had been rejected and 44 (21%) had been dismissed.[3]
The lack of meaningful investigation and lack of enforcement by EPA and other agencies necessitates permitting individuals to bring private actions to enforce all forms of discriminatory conduct under Title VI.
Rosemere Neighborhood Association v. EPA: Government Failure Exemplified
In February 2003, Rosemere Neighborhood Association, a community organization in Vancouver, WA filed an administrative complaint with the EPA's Office of Civil Rights ("OCR") alleging that the City of Vancouver, Washington had discriminated against low-income and people of color neighborhoods by failing to address poor septic systems, the lack of a comprehensive sewer network, contaminated ground and surface waters, poor air quality and industrial pollutants.[4] Vancouver used EPA funding to improve affluent areas and neglected the disadvantaged low income and people of color neighborhoods.[5]
Rosemere then filed suit in federal court against the EPA citing the agency's failure to address the neighborhood's complaints. In reviewing the case, the Federal Court of Appeals for the Ninth Circuit noted the EPA‘s poor investigation and enforcement efforts finding that the EPA failed to process a single complaint from 2006 or 2007 in accordance with its regulatory deadlines.
In March 2010, the EPA and Rosemere entered into a settlement agreement that required the EPA to take action on any subsequent complaints in accordance with regulatory timelines. It also required the EPA to report quarterly to Rosemere for the next five years and track all the Title VI administrative complaints it receives.
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Take Action
Urge Congress To Restore Access To The Court And End Taxpayer Funded Discrimination
- Ask Congress to amend Title VI of the Civil Rights Act of 1964 to provide a private cause of action where federal money is used for programs that have a discriminatory impact.
- Demand Congressional oversight of agencies' Office of Civil Rights Title VI Enforcement.
File Complaints With Funding Agencies
- You can still file civil rights complaints with agencies to challenge discriminatory programs that receive federal money. How Do You File A Complaint? Click here to view the Lawyers' Committee's comprehensive guide to filing a Title VI complaint.
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[1] 42 U.S.C §§ 2000d.
[2] Alexander v. Sandoval, 532 U.S. 275 (2001).
[3] CLIFFORD RECHTSCHAFFEN ET AL., ENVIRONMENTAL JUSTICE: LAW, POLICY AND REGULATION, 499 (2nd ed. 2009).
[4] Jennifer Koons, Appeals Court Finds Widespread Failure by EPA to Investigate Civil Rights Complaints, www.nytimes.com accessed Dec. 4, 2009.
[5] Id.
