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Published July 30, 2024

The wheels of justice turn slowly, but grind exceedingly fine! Two victories in CFER’s legal battles for equality

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On July 23, the Alameda County Board of Supervisors voted to repeal two race-based public contracting programs challenged by CFER and co-plaintiffs in CFER et al. v. County of Alameda et al. On the same day, a San Francisco city official confirmed that the Guaranteed Income for Trans People (GIFT) program would be discontinued, citing budget constraints and legal pressure.

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Amidst constant news coverage on international conflicts as well as deep cultural and political divides, we all need some good news. Fortunately, CFER is the bearer of good news today. Last week, we scored two significant victories in our legal advocacy operations.

First and foremost, the Alameda County Board of Supervisors voted on July 23 to repeal two race-based public contracting programs challenged by CFER and co-plaintiffs in CFER et al. v. County of Alameda et al. Our case, represented by the Pacific Legal Foundation (PLF), has prompted a progressive local government to cease their programs of racial set asides!

Second and on the same day, a San Francisco city official confirmed that the Guaranteed Income for Trans People (GIFT) program would be discontinued, citing budget constraints and legal pressure. The GIFT program, which gave guaranteed income to 55 low-income transgender residents for the last 18 months, was one of the three discriminatory welfare programs we are challenging in CFER et al. v. City and County of San Francisco et al.

The wheels of justice turn slowly. Although a meritorious case on face value, our Alameda lawsuit was a two-year, assiduous undertaking. Filed in July 2022, the case was lost in the trial court in January 2023, when an unfavorable ruling granted the defendants motion for judgement holding that the claims we are seeking are time-barred. Thanks to PLF attorneys Mr. Jack Brown and Mr. Wilson Freeman who fought back for us at the First Appellate District Court of the State of California, we secured a decisive victory in March when the trial court’s unfavorable ruling was reversed. It took another four months for the case to proceed through the court system before this final victory.

Similarly, CFER’s case against race-/sex-/gender-based welfare programs in San Francisco has met many challenges in the court system and beyond. While our legal counsel – the American Civil Rights Project – filed the lawsuit on our behalf in May 2023, an amended filing had to be submitted in December. CFER, our co-plaintiffs and I have been subjected to relentless email and social media trolling, including attacks from the media.

To say these two victories are hard-fought is an understatement. We are grateful to the Pacific Legal Foundation and the American Civil Rights Project for representing CFER and fighting for equal justice. The government should not expend government resources and public funds on divisive and unconstitutional programs and expect to get away with it. But without proactive monitoring and legal actions, public agencies that discriminate will not face any consequence. Most importantly, we can’t win and continue to win without your ongoing support!

We hope you find these two important victories encouraging. Policy monitoring, legal advocacy and grassroots organizing are all indispensable parts in making these victories possible. And we are just getting started. CFER is a faithful watchdog and we are eager to advance equal rights in the court of law. We are fighting at the forefront to safeguard equality and merit, consistently, impactfully and professionally. Please consider supporting CFER’s work with a kind donation today.

We also want to invite you to continue to engage with us, be our eyes and ears on the ground, and alert us to instances of unlawful discrimination. We are dedicated, fast and consistent.

PLF attorneys, including Mr. Jack Brown, will speak at CFER’s upcoming conference. To hear from him and other inspiring speakers, please register today for our annual event in Irvine (Orange County) on August 10 and 11!


Contact:

Wenyuan Wu

wenyuan.wu@cferfoundation.org

About Californians for Equal Rights Foundation (CFER):

We are a non-partisan and non-profit organization established following the defeat of Proposition 16 in 2020, with a mission to defend and raise public awareness on the cause of equal rights through public education, civic engagement and community outreach. In 1996, California became the first U.S. state to amend its constitution by passing Proposition 209 to ban racial discrimination and preferences. Prop. 209 requires that “the state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” CFER is dedicated to educating the public on this important constitutional principle of equal treatment.

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