The progressive leftist wealth redistribution programs of San Francisco have found the inevitable legal challenge that so many observers predicted. A new lawsuit, filed by the Californians for Equal Rights Foundation (CFER), has taken aim at the city's guaranteed income programs. The Foundation alleges that the city is violating the 14th Amendment by its racially discriminatory application of funds for these programs.
According to The Daily Wire, the CEFR is suing several different governmental organizations in the city including the city and county of San Francisco, the San Francisco Unified School District, the California Health and Human Services Agency, and the University of California San Francisco represented by the American Civil Rights (ACR) Project.
A press release from CEFR describes the four different guaranteed-income programs that are the focus of the suit.- "The Abundant Birth Project (APB), which provides unconditional cash supplements (up to $1,000) to Black and Pacific Islander mothers as a strategy to reduce preterm birth and improve economic outcomes for our communities.
- The Guaranteed Income for Trans People (GIFT), which provides low-income transgender San Franciscans with $1,200 each month, up to 18 months, with priority given to Black, Indigenous or People of Color (BIPOC) applicants.
- The Guaranteed Income Pilot for Artists (GIPA), which provides 190 artists of particular races and gender expressions monthly payments of $1,000 for up to 18 months.
- The Black Economic Equity Movement (BEEM), which selects 300 Black young adults ages 18 to 24 to receive $500 per month for one year."
In January, DC Enquirer reported that a committee to study the redistribution of taxpayer wealth to every black resident of San Francisco as ‘reparations’ concluded that each of them should receive $5 million. The programs arising alongside this finding have already begun this redistribution in small parts.
Frank Xu, president of CFER commented in the release, "The California Constitution unambiguously prohibits public agencies from treating individuals differently on the basis of race. But these entities ignore the law and offer race-preferential programs under the disguise of equity. We are proud to participate in this historic legal challenge to safeguard equal treatment as the lead plaintiff."
The ACR Project notified the defendants of its clients’ intent to challenge these programs in March. They failed to respond or to rectify the programs’ deficiencies. We expect a different response from the courts.
— The American Civil Rights Project (@AmericanCRProj) June 1, 2023
ACR Project Executive Director Dan Morenoff explained that in March, both groups notified the San Francisco offices of their intent to sue to stop these programs or rectify them to meet constitutional requirements. "We warned San Francisco and its co-conspirators that distributing public resources based on race was cartoonishly unconstitutional. They ignored us. Thankfully, California has a mechanism for its people to shut down obviously illegal programs," Morenoff said.
The Project’s California co-counsel Bradley Benbrook, observed, “The California Constitution further prohibits granting ‘[any] citizen or class of citizens’ any ‘privileges or immunities not granted on the same terms to all citizens'... These provisions clearly forbid public entities from choosing beneficiaries based on identitarian considerations."
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