The city of San Francisco is facing a lawsuit regarding its reparations fund, with claims that taxpayers’ money is being used in ways that contravene the Equal Protection Clause.
On Thursday, some residents, backed by the Equal Rights Foundation of California, challenged an ordinance meant to establish a fund aimed at supporting Black residents, as reported by the Pacific Law Foundation.
The plaintiffs argue that the fund discriminates based on race by allowing taxpayer dollars to be allocated to it. A favorable outcome, they believe, could safeguard taxpayers from funding programs perceived as racially biased and set a precedent against similar measures in other cities.
“Acknowledging past injustices doesn’t give the government the right to spend public funds on race-based classifications today,” stated Andrew Kunio, an attorney with the Pacific Legal Foundation. He added that the Constitution requires addressing specific harm rather than making broad racial classifications. This lawsuit seeks to ensure that every American is treated as an individual under the law, and not compelled to support policies tied to a history they didn’t personally experience.
San Francisco’s officials have yet to respond to inquiries about the lawsuit.
In December, the city’s mayor, Daniel Lurie, signed the ordinance, which could potentially allocate up to $5 million to each eligible Black resident for historical discrimination claims. However, there’s a significant budget deficit, and Lurie made it clear that taxpayer money wouldn’t be used for this fund.
“My focus is on San Francisco’s recovery,” Lurie emphasized in a statement. “We’re prioritizing public safety and cleanliness over allocating funds to this initiative.”
The ordinance outlines methods to offer reparations to descendants of Black individuals and enslaved people who faced harm in San Francisco. The plaintiffs accuse the Human Rights Commission of overstepping its authority with the reparations program.
The lawsuit asserts that this approach essentially perpetuates an unconstitutional system that unfairly allocates benefits based on race and ancestry. Kunio reiterated that taxpayer money shouldn’t support what they consider illegal programs.
