Californians for Equal Rights Foundation Settles Discrimination Lawsuit With Sacto County

To settle a discrimination lawsuit filed by the plucky Californians for Equal Rights Foundation, Sacramento County agreed to stop using racially exclusive criteria for its guaranteed income program.

The program, which provides a $750 monthly stipend, was previously reserved for only black, American Indian or Alaska Native families.

But under the terms of the settlement inked this month, applicants will now be selected without regard to race. The program is now open to any parent or guardian of young children in certain Sacramento zip codes with an income at or below twice the federal poverty level. That is $40,800 for one adult and one child. Or $51, 640 for a three person household of either two adults and one child or one adult and two children.

So no more discrimination.

But is it sort of amazing that such a blatant racial spoils system that runs afoul of Proposition 209 and multiple federal civil rights laws was so casually enacted?

American Civil Rights Project executive director Dan Morenoff, who represented the Californians for Equal Rights Foundation in the lawsuit, told the California Globe,  “There is a subset of Californians political class that is so committed to its racial goals that it does not care what California voters or the California constitution or  federal law has said for decades.”

“Sacramento should not need to be reminded that these things are illegal and immoral,” he said on the phone. “But the settlement is a good result for Sacramento and for the state. “

“When reminded they have chosen to bring this  [program] into compliance” with the law. “And  in a way that does not flout principles of the modern American Lincolnian constitution.”

Last September, Sacramento County announced the program, called the Family First Economic Support Pilot. It is funded with California block grant money provided to the Sacramento Department of Child, Family and Adult Services.

The chirpy September 8  Sacramento Bee article on the program’s launch seemed oblivious to just how illegal it was. Have they not heard of Proposition 209 over at the Sacramento Bee?

The article was titled, “Here’s how Black, Native families in Sacramento can apply to get $725 monthly for a year. “

But then the lead paragraph obscured the discrimination.

“Starting on Sept. 30, Sacramento County families who live slightly above or below the federal poverty level can apply for a chance to receive $725 a month in guaranteed income for a year, county leaders announced this week.”

That is actually not correct.

Only certain families of the correct complexion could apply to the program.

Whitewashing the race criteria, reporter Cathie Anderson then wrote that a “research group will randomly select 200 households to get the payments from the Department of Child, Family and Adult Services.  Funding comes from a block grant from the California Department of Social Services to support programs aimed at keeping families together.”

But if the selections are based on race they are not really being made “randomly.”

Only at the bottom of the article are readers informed that to qualify for the money, applicants “must be” the parent or guardian of a “Black, Native American or Alaska native child” under five years old.

In early October, American Civil Rights Project director Dan Morenoff, the lawyer for the Californians for Equal Rights Foundation, sent Sacramento County Executive David Villanueva a letter warning that the program was blatantly illegal,  and threatening to sue if Sacramento went forward with the race criteria.

Morenoff wrote, “The Program violates, at least the California Constitution, the United States Constitution’s Equal Protection Clause, and Title VI of the 1964 Civil Rights Act, and appears to violate 42 USC 1981,” the federal law that prohibits discrimination in contracts based on race.

Unfazed by the threat of litigation, Sacramento continued to restrict program applications  to their preferred minorities.

So on December 31, 2024, the Californians for Equal Rights Foundation sued Sacramento County over the program in California Superior Court.

The lawsuit said that the “express use of prohibited classifications in distributing government benefits violates the principle of equal protection that is guaranteed by the United States and California Constitutions and enshrined in federal anti-discrimination law.”

“Plaintiffs seek relief to ensure that defendants cease using government resources or public funds to support this unlawful program so long as it discriminates on the basis of race or ethnicity.”

And that is pretty much what happened!

Californians for Equal Rights Foundation president Frank Xu told the California Globe that, “The government should NOT be picking winners and losers on the basis of race. While we were not surprised about the county’s move to announce a race-based child welfare program, we are encouraged and relieved that the defendant chose to permanently repeal the race criteria.”

The settlement was announced by Dan Morenoff on Monday and on Tuesday by Frank Xu. But as of this writing.  on Thursday afternoon,  it does not appear to have been reported anywhere.

Sacramento County Executive David Villanueva did not respond to a request for comment.