Filed Date: May 31, 2023
Case Ongoing
Clearinghouse coding complete
This case challenges four guaranteed income programs run by San Francisco—the Guaranteed Income Plan for Artists (“YBCA”), Abundant Birth Project (“ABP”), Black Economic Equity Movement (“BEEM”), and Guaranteed Income For Transgender People (“GIFT”)—as discriminatory towards race, ethnicity, sexual orientation, and gender identity.
On May 31, 2023, plaintiffs Californians for Equal Rights Foundation (“CFER”), a conservative nonprofit, and two San Francisco residents filed suit in the Superior Court of California, County of San Francisco against the City and County of San Francisco, the Regents of the University of California, the Secretary of the California Health and Human Services Agency, the San Francisco Unified School District, and Does 1-10 as placeholders for additional defendants. Plaintiffs were represented by the American Civil Rights Project as well as a private firm. The Hon. Judge Richard Ulmer presided.
Plaintiffs argued that the San Francisco and California governments’ plans to use public funds to administer guaranteed income programs unlawfully chose their beneficiaries based on race, ethnicity, gender/gender identity, and sexual orientation, violating the Equal Protection Clause of the U.S. Constitution, the Equal Protection Guarantee of the California Constitution, and Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d). They alleged that the YBCA program chose beneficiaries to reflect racially defined target groups, though the program itself did not indicate any demographic eligibility criteria. In addition, they alleged that ABP, BEEM, and GIFT stated in their materials that they were intended to benefit, respectively, Black and Pacific Islander pregnant women, Black individuals between 18 and 24 in certain neighborhoods, and transgender participants, prioritizing BIPOC and undocumented individuals. Plaintiffs asserted their claims under the California Code of Civil Procedure, which permits plaintiffs to seek mandamus to protect the public right by compelling defendants to perform their public duty, and provides avenues for challenges to illegal actions by public officials. They sought declaratory and injunctive relief as well as attorneys’ fees.
On January 1, 2024, the plaintiffs filed their first amended complaint. They narrowed the defendants to the City and County of San Francisco, the Director of the California Department of Social Services, and Does 1-10, and removed their challenge to the YBCA program. Their challenges to the other three guaranteed income programs remained substantially the same.
As of November 25, 2024, litigation remains pending.
Summary Authors
Audrey Li (11/26/2024)
State / Territory: California
Case Type(s):
Public Benefits/Government Services
Key Dates
Filing Date: May 31, 2023
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Californians for Equal Rights Foundation (“CFER”), a conservative nonprofit, and two San Francisco residents
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
San Francisco (San Francisco), City
San Francisco (San Francisco), County
University of California, State
California Health and Human Services Agency, State
San Francisco Unified School District (San Francisco, San Francisco), School District
Defendant Type(s):
Case Details
Causes of Action:
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Discrimination Basis:
Affected Race(s):