Environmental
Justice, Garden Groups To File
Federal Discrimination Suit Against Mayor
to Stop Auction of City’s Gardens
The suit is brought under Title VI of the
Civil Rights Act of 1964. It charges that the auction discriminates against the mostly
poor and minority neighborhoods where the majority of gardens are located. The groups
are represented by the Puerto Rican Legal Defense and Education Fund and the Urban
Environmental Law Center. (Litigation papers are available upon request.)
Title VI forbids discrimination against minority groups by recipients of federal
funds in any of their programs and activities. Since the Mayor’s office received
$30,000 in federal funds from the US Environmental Protection Agency, the groups
claim that the City must comply with the non-discrimination edict.
"It’s clear from even a quick perusal of the list of gardens to be auctioned
that minority communities are disproportionately impacted by the impending garden
auction," said Leslie Lowe, Executive Director of the New York City Environmental
Justice Alliance. "In Manhattan, for example, almost every single one of the
gardens up for auction is located on the Lower East Side or in Harlem, clearly mostly
poor or working class communities of color. As a matter of fact, gardens in communities
of color are more than twice as likely to be in the auction than gardens in other
communities," she added.
In bringing the lawsuit, the plaintiffs have engaged the services of expert statistician
Andrew A. Beveridge of Queens College. His research shows a distinct pattern of discrimination
in the City’s garden auction scheme. "The racial composition of the neighborhood
is directly related to the chance of garden lots being placed at auction," explained
Mr. Beveridge.
The groups also claim in the suit that the
sale of the gardens violates the rules of the US Housing and Urban Development Agency
(HUD). The City has received millions of dollars in Community Development Block Grants
for Operation Green Thumb, which administers the garden programs in the City. Once
the City used these federal funds, it was precluded from simply selling the land
or destroying the garden improvements.
Plaintiffs are seeking a preliminary injunction against the City, to prohibit it
from bulldozing, selling or otherwise destroying the gardens until there has been
a comprehensive look at the environmental, recreational and economic value of the
gardens to the communities where they are located and to the City as a whole.
Advisory–For Your Information
Press Conference Today Will Announce Title VI Lawsuit
The Puerto Rican Legal Defense and Education Fund will hold a 5 pm press conference
today, May 5, 1999 announcing the Title VI lawsuit at Borough of Manhattan Community
College, Main Entrance, Chambers and Washington Streets in Manhattan. Plaintiff representatives
will be in attendance. Your coverage is welcome.