White residents file lawsuit against city for racially biased human rights policy.
Residents of Asheville, North Carolina, are taking legal action against the city in federal court, accusing it of engaging in unconstitutional racial discrimination at the local human rights board. The residents argue that this discriminatory treatment violates the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, which prohibits governments from discriminating against individuals based on their race.
Asheville has a troubling history of alleged racial discrimination, and now its residents are fighting back. In a recent lawsuit filed in the U.S. District Court for the Western District of North Carolina, the plaintiffs claim that the city’s Human Relations Commission of Asheville (HRCA) has been using racial criteria in the selection process for its board members. This means that certain races are given preferential treatment, while others are excluded.
The city initially enforced quotas, requiring the city council to fill the 15-member board with specific numbers of individuals from different racial groups. However, even after revamping the HRCA and removing the numeric race quotas, the city replaced them with equally discriminatory race-based membership preferences. This has created a de facto race quota, where certain races are automatically preferred without any consideration of their qualifications or experiences.
One of the plaintiffs, John Miall, a white man and lifelong resident of Asheville, was denied a seat on the HRCA solely because of his race. Despite his decades of municipal experience and service to the community, his application was rejected, and the city re-advertised the open positions. This blatant discrimination is what prompted the lawsuit in the first place.
While the city has since appointed Mr. Miall to the HRCA, the lawsuit continues because there are still four other plaintiffs who have been harmed by the city’s discriminatory policy. These plaintiffs, all white individuals, have also been denied the opportunity to serve their community based on their race.
The lawsuit seeks to hold the city accountable and bring an end to its discriminatory practices. The plaintiffs’ attorneys have requested that the court certify the lawsuit as a class action, representing all individuals who have been affected by the city’s discriminatory policies.
Asheville’s spokesperson, Kim Miller, has stated that the city vehemently denies any allegations of discrimination and will vigorously defend itself in court. However, the residents are determined to fight for their rights and ensure that race is not used as a criterion for appointments to the HRCA.
This lawsuit is a crucial step towards achieving equality and fairness in Asheville. It sends a powerful message that individuals should be judged based on their qualifications and experiences, not their race. The residents are standing up against discrimination and demanding that their city treats all its citizens with respect and fairness.
How does the alleged discriminatory behavior of the HRCA violate the Equal Protection Clause of the 14th Amendment?
From different racial backgrounds. However, these quotas were deemed unconstitutional by the U.S. Supreme Court in the landmark case of City of Richmond v. J.A. Croson Co. The court held that race-conscious measures must meet a strict standard of review, known as strict scrutiny, and that quotas based solely on race were not permissible.
Despite this ruling, it seems that the HRCA continued to engage in discriminatory practices. The plaintiffs argue that the board membership selection process favors certain races over others, effectively denying individuals equal opportunity based on their race. This violates the Equal Protection Clause of the 14th Amendment, which states that no state or government entity shall deny any person within its jurisdiction “the equal protection of the laws.”
The residents of Asheville are justified in their concern and outrage. Racial discrimination is a grave injustice that has no place in our society, and it is particularly troubling when it is perpetuated by a government body. The HRCA is entrusted with the responsibility of protecting and promoting human rights in the city, and it is shameful that they have allegedly engaged in such discriminatory behavior.
Furthermore, this case raises important questions about the legitimacy of quotas and affirmative action policies. While these measures are often implemented with good intentions, the court’s ruling in City of Richmond v. J.A. Croson Co. makes it clear that race-conscious measures must meet a high standard of review to still be considered constitutional. The HRCA’s use of quotas based on race, therefore, is a clear violation of constitutional principles.
It is crucial that the residents of Asheville stand up against this injustice and seek accountability from their city government. By taking legal action, they are sending a powerful message that racial discrimination will not be tolerated in their community. It is essential that they receive a fair and just hearing in federal court, and that the court holds the HRCA accountable for their alleged unconstitutional actions.
Ultimately, this case serves as a reminder of the ongoing struggle for equal rights and the importance of vigilance in holding our government accountable. Racial discrimination has no place in our society, and we must continue to fight against it whenever and wherever it rears its ugly head. The residents of Asheville should be commended for their courage in taking a stand, and we can only hope that justice will prevail in this important case.
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