North Carolina city sued for racial discrimination and quota system

Five residents of Asheville, North Carolina, filed a federal lawsuit against the city Tuesday alleging racial discrimination based on the demographic quota system used to select membership to its Human Relations Commission.

The five residents argue that the city refused to appoint them to the HRC because they are white. Initially suing the city earlier this month, the plaintiffs filed an amended complaint Tuesday, retaining the Pacific Legal Foundation as counsel.

FACULTY FREE SPEECH UNDER SCRUTINY WITH EROSION OF ACADEMIC TENURE

“The opportunity to serve your local community should not depend on your race,” PLF attorney Andrew Quinio said in a press release. “Asheville’s candidates for public service should be treated as individuals, instead of mere members of arbitrary racial groups. Asheville needs to stop making assumptions about people’s experiences and qualifications based on arbitrary and offensive racial classifications.”

Asheville created the HRC in 2018 to “promote and improve human relations and achieve equity among all citizens in the city by carrying out the city’s human relations program,” according to its website. The lawsuit notes the commission sought to “prioritize racial equity.”

The commission instituted a diversity quota, comprised of at least six black, two “Latinx,” and two “LGBTQ+” members, as well as three “professionals with influence,” two to three members between the ages of 18 and 25, representation from each geographical area, two to three members living in public housing, and two members with a disability.

The first members were appointed in 2018, but in June 2022, concerns about such an overt racial quota were raised by city equity and inclusion consultant Alayna Schmidt and city attorney Aarin Miles, who explained that state and federal law prohibit such racialized policies, according to the lawsuit. HRC chair Tanya Rodriguez inquired about alternatives to numerical quotas that ensured “our color isn’t diluted out of the commission.”

HRC adopted more vague language, nixing the numbers, but still listing the demographic makeup.

“The City Council will not endeavor to appoint white residents unless they also satisfy a separate category, such as being a member of the LGBTQ+ community, a youth member, disabled, living in public housing, or recognized as a community leader,” the lawsuit alleges. “On the other hand, the City Council will automatically prefer minority applicants without requiring those applicants to satisfy a separate category.”

PLF states the commission, which was originally planned to have 15 members, reduced its numbers to nine after having trouble filling seats. The city refused to appoint five white members to the commission, who represent a “diversity of professions, backgrounds, and interests” but were denied “equal consideration to serve the public because of their race,” PLF said.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

The Asheville city attorney’s office is reviewing the amended complaint. City communications specialist Kim Miller told the Washington Examiner that they “vehemently deny any allegation of discrimination.”

“It is our intention to defend the City’s interests in the suit vigorously,” she continued. “Beyond this, it is our policy not to comment on active litigation.”