Section 8 Lawsuit

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Action Needed: Stop Delaying Our Case!

December 14, 2020

Call on San Diego City Council to STOP delaying NAACP San Diego Branch & San Diego Tenant Union’s racial segregation case

  • In March 2019, the NAACP San Diego Branch & San Diego Tenant Union (SDTU) sued San Diego Housing Commission (SDHC) for racial segregation in its Section 8 program
  • In May 2019, a former elected City Attorney filed a lawsuit which copied verbatim from the NAACP San Diego Branch & SDTU’s lawsuit
  • Now, the City and its agency SDHC are using the copycat case to delay the earlier-filed the NAACP San Diego Branch & SDTU case
    • And the City is trying to use an upcoming hearing in the copycat case to decide the Section 8 issue
    • But the copycat case seeks no Section 8 relief and not one of the 7 plaintiffs in the copycat case is even a Section 8 recipient!
  • To protect their case, the NAACP San Diego Branch & SDTU just filed an amicus brief in the copycat case
  • But the City and SDHC are opposing the amicus brief even being heard!

You can help – call on San Diego City Council to stop opposing filing of the NAACP San Diego Branch & SDTU’s amicus brief!

Tell the Mayor and the City Council: “The City and SDHC must stop delaying justice in the NAACP & SDTU’s case. Stop opposing the amicus brief.”  Here is how to email the mayor and the councilmembers:

The amicus brief can be viewed here. “Justice delayed is justice denied.”

Francine Maxwell, President
NAACP San Diego Branch

Francine Maxwell, President
NAACP San Diego Branch

Founded in 1919 after a visit by renowned author, activist and NAACP co-founder, W.E.B. DuBois, the NAACP San Diego Branch is celebrating a century of standing sentry over the civil rights of the people of San Diego. If you need more information about the NAACP San Diego Branch, please visit sandiegonaacp.org/presskit

U-T Article on Redlining

Sep 15, 2020

Ms. Lopez-Villafana & Ms. Schroeder
San Diego Union-Tribune
600 B Street, Suite 1201
San Diego, CA 92101

Dear Ms. Lopez-Villafana and Ms. Schroeder,

On behalf of NAACP San Diego Branch, I write to thank you for your excellent reporting on redlining in San Diego. Your reporting is vital. It helps our region understand how our governmental entities sponsored and subsidized segregation.

While we were disappointed that your reporting did not incorporate our organization’s current efforts to stop the perpetuation of segregation in the region’s largest subsidized housing program, we appreciate your reporting. We would be happy to speak with you about our advocacy. Our advocacy centers on the City’s Section 8 program, which includes the neighborhoods identified in your article and impacts 56,000 low-income individuals.

Earlier this year, we expressed to LISC how dismayed we were at LISC’s refusal to include in their draft segregation op-ed, which included NAACP San Diego Branch’s logo, even a reference to the pending litigation on racial segregation. LISC refused to acknowledge the litigation because the CEO of the local governmental entity perpetuating the segregation at issue, San Diego Housing Commission, was on LISC’s board.

Social justice movements will not succeed if the wrongdoings of governmental entities are censored in an effort to appease nonprofit governing boards made up of the very governmental actors committing the wrongful acts.

I hope you continue to shed light on this important issue.

Sincerely,

Francine Maxwell, President
NAACP San Diego Branch

Housing Update

The NAACP San Diego Branch understands what a critical issue housing is. We will be having a meeting at 6pm on Friday, June 26th, to give you an update on our efforts, especially our lawsuit against the San Diego Housing Commission. We will also share ways that you can get involved in both solving San Diego’s housing crisis and ensure that discriminatory housing practices end.

Please join us at sandiegonaacp.org/housing-zoom at 6pm on Friday, June 26th.

Zoom Requirements

For the safety of all attendees, we require the following from participants in our meetings:

  • Have a (paid or) free Zoom account and log in to it before attending
  • Use a current recognizable photo of their face as the profile picture
  • Use their legal first and last names on their profile

For help on setting up zoom, please see sandiegonaacp.org/zoom-setup

The San Diego Housing Commission’s False Claims of Solidarity

June 12, 2020

With almost surgical precision, the San Diego Housing Commission (SDHC) has implemented policies and practices that perpetuate racial segregation and discriminate against communities of color. SDHC is a prime example of government-sponsored discrimination, racism, and segregation. Yet, SDHC CEO Rick Gentry just issued a statement purporting to stand with communities of color in grieving the loss of George Floyd.

SDHC purports to stand with African Americans and communities of color, yet actively enforces discriminatory policies and practices like steering, that have been unlawful since the civil rights movement. 

“It’s abhorrent and extremely opportunistic for SDHC CEO Rick Gentry to release a solidarity statement at a time when we are suing SDHC for perpetuating segregation and racial inequality. Gentry’s claim that SDHC provides families ‘opportunities to choose to live in any areas of the City that make the most sense for their families’ is contradicted by SDHC’s own data. Gentry and SDHC have already decided where families should live – in segregated neighborhoods,” says Rafael Bautista, San Diego Tenants Union.

A pending lawsuit against SDHC filed by NAACP San Diego Branch and San Diego Tenant Union uses SDHC’s own data, policies, and statements to illustrate how SDHC has intentionally discriminates against communities of color and perpetuates racial segregation in violation of federal law, state law, and its own contractual obligations. The lawsuit aims to correct San Diego’s largest subsidized housing program which serves 60,000 low-income women, men, and children.

“An unequal society fosters inequality. SDHC and other governmental entities have unlawfully discriminated against African Americans with impunity for decades. Not only is it unacceptable, it is unlawful. We have sued SDHC for intentionally perpetuating segregated housing patterns. Despite any statements put out by SDHC, SDHC’s own data shows SDHC’s policies and practices disproportionately harm African Americans who are evicted and incarcerated at a far higher rate than white individuals,” says Francine Maxwell, NAACP San Diego. 

After SDTU and NAACP San Diego Branch sued SDHC in March 2019, SDHC claimed that Rick Gentry’s repeated use of “social engineering” to derisively describe an Obama-era desegregation policy could not be used in the lawsuit to show discriminatory intent. SDHC claimed that its CEO’s statements were protected speech. SDHC, which is a government entity, claimed that if the lawsuit was allowed to move forward, it would “chill” SDHC’s “valid exercise of the constitutional rights of freedom of speech and petition.” 

SDHC also alleged that the lawsuit was not brought “solely in the public interest” because the relief the lawsuit seeks – to enjoin SDHC from perpetuating racial segregation – will not benefit the public but will benefit only non-white Section 8 recipients. SDHC’s position reflected a disturbing misunderstanding of how segregation adversely impacts all members of the community, not just racial minorities. SDHC’s position also reflected a flagrant misunderstanding of how its own program works since the relief sought will benefit all voucher recipients, not only racial minorities.

The state court rejected SDHC’s free speech arguments, finding that the lawsuit is brought in the public interest, and the statute protecting free speech does not apply to SDHC’s actions. The Court gave NAACP San Diego and SDTU the opportunity to include additional facts (data) regarding how SDHC’s policy disproportionately adversely impacts racial minorities. NAACP San Diego immediately requested the data from SDHC, but SDHC is still refusing to provide its data. NAACP San Diego Branch and SDTU filed a second lawsuit against SDHC to obtain the data. That lawsuit is also pending. 

The case is currently pending in federal court. SDHC removed the case to federal court in January 2020. This was procedurally late (over six months late) and a veiled attempt to re-litigate the same issues that were already decided by the state court judge on November 1, 2019. SDHC is again trying to exclude as evidence statements SDHC’s CEO Richard Gentry’s made referring to an Obama-era desegregation policy as “social engineering.” SDHC is trying to get a second bite at the apple, which delays the case. NAACP San Diego and SDTU filed a motion to remand, which is pending. 

Rafael Bautista
Francine Maxwell, President
NAACP San Diego Branch		Rafael Bautista
San Diego Tenant Union
P.O. Box 152086 • San Diego, CA • 92195
619-431-1633 • [email protected]		[email protected] • 619-709-0942
Founded in 1919 after a visit by renowned author, activist and NAACP co-founder, W.E.B. DuBois, the NAACP San Diego Branch is celebrating a century of standing sentry over the civil rights of the people of San Diego. If you need more information about the NAACP San Diego Branch, please visit sandiegonaacp.org/presskitThe San Diego Tenants Union is committed to fight displacement and gentrification. We organize tenants to fight against rent hikes and fight for improvements. join us!

Section 8 Lawsuit April Update

When is the next hearing for NAACP San Diego Branch’s lawsuit against San Diego Housing Commission?

On Thursday, April 9, 2020, the federal court will consider our request to remand the case to state court. The federal court will also consider San Diego Housing Commission’s (SDHC) request to dismiss the state court claims, and SDHC’s request that we provide more detail on the federal and state fair housing claims.   

Why is the case in federal court? (I thought it was in state court.)

As we shared in last month’s update, SDHC removed the case to federal court in January 2020. This was procedurally late (over six months late) and a veiled attempt to re-litigate the same issues that were already decided by the state court judge on November 1, 2019. 

SDHC is trying to get a second bite at the apple, which delays the case. Justice delayed is justice denied, and SDHC is actively trying to delay justice in this case. 

To summarize, SDHC is again trying to exclude as evidence statements SDHC’s CEO Richard Gentry’s made referring to an Obama-era desegregation policy as “social engineering.” SDHC is also trying to dismiss our state-law based claims pertaining to discrimination and the perpetuation of racial segregation. These are all arguments that the state court already rejected. 

What is going on with the separate Public Records Act lawsuit against SDHC?

Over six months ago, we requested 2019 Section 8 data from SDHC through a California Public Records Act request. But we have yet to receive the data. We filed a separate lawsuit in January to compel SDHC to provide this data.

Why is the 2019 data needed?

On November 1, 2019, the state court held a hearing on SDHC’s request that the court dismiss the case and SDHC’s argument that its actions were protected as free speech. 

The court reviewed our briefs, evidence, and expert declarations, and heard oral argument by our attorneys. The court ruled and issued an order. The Court gave us the opportunity to allege additional information and facts, including 2019 data, to support our claims. (The court also rejected SDHC’s argument that its discriminatory actions are protected as ‘free speech.’)

The court gave us 10 days to file an amended complaint, but our attorneys asked for more time in order to obtain the 2019 data from SDHC through a Public Records Act request. The judge granted our attorneys’ request for additional time (60 days). Less than a week after the hearing, our attorneys requested the 2019 data from SDHC. Over six months have passed and we have yet to receive the data. 

How can I help as a member of NAACP San Diego?

You can chair the active Housing Committee! There is an opening. 

As the chair, you will receive updates about the lawsuit and related issues from our attorneys, and you will help decide what information would be helpful for fellow members. 

You will also be the first to hear about upcoming hearings and case-related events. While you are under no obligation to attend any hearings or events, you will play a helpful role in receiving information. 

You will also get to help guide the future of the Housing Committee! You have likely heard about the injustices occurring at the city and county level, including the new development with separate rules for low-income individuals and intentional discrimination by a county housing agency employee. 

To be eligible for this role, all you need is passion for civil rights and justice. Apply here.

Section 8 Lawsuit Year-End Update


In 2020, NAACP San Diego continues fighting racial segregation through its lawsuit against San Diego Housing Commission. 

The lawsuit challenges SDHC’s discriminatory and segregationist policy of setting the Section 8 voucher levels prohibitively low in predominantly white neighborhoods. SDHC’s policy effectively steers families with Section 8 – disproportionately racial minorities – to segregated, high poverty neighborhoods with lower performing schools and fewer employment opportunities.

SDHC initially responded to the lawsuit with a claim that its setting of payment standards is “protected activity” made in furtherance of SDHC’s “right of free speech or petition.” SDHC, which is a government entity, claimed that if NAACP San Diego’s lawsuit was allowed to move forward, it would “chill” SDHC’s “valid exercise of the constitutional rights of freedom of speech and petition.” 

In its initial response, SDHC also alleged that the lawsuit was not brought “solely in the public interest” because the relief the lawsuit seeks – to enjoin SDHC from perpetuating racial segregation – will not benefit the public but will benefit only non-white Section 8 recipients. SDHC’s position reflected a disturbing misunderstanding of how segregation adversely impacts all members of the community, not just racial minorities. SDHC’s position also reflected a flagrant misunderstanding of how its own program works since the relief sought will benefit all voucher recipients, not only racial minorities.

In addition, in its initial response, SDHC claimed that its CEO’s repeated use of “social engineering” to derisively describe an Obama-era desegregation policy could not be used in the lawsuit to show discriminatory intent. SDHC claimed that its CEO’s statements were protected speech. 

In November, the court held a hearing on SDHC’s free speech defense and a demurrer it had filed. The court rejected SDHC’s free speech arguments, finding that NAACP San Diego’s lawsuit is brought in the public interest, and the statute protecting free speech does not apply to SDHC’s actions. The Court also rejected the vast majority of SDHC’s arguments regarding whether the lawsuit could move forward based on state and federal fair housing and civil rights law. The Court gave NAACP San Diego the opportunity to include additional facts (data) regarding how SDHC’s policy disproportionately adversely impacts racial minorities. NAACP San Diego immediately requested the data from SDHC, but SDHC is still refusing to provide its data.

November 1st Section 8 Lawsuit Hearing

As you know, the NAACP San Diego Branch is involved in a lawsuit to fight the San Diego Housing Commission’s discriminatory and segregationist practice of setting Section 8 voucher levels too low to allow access to all areas of our city.

There will be a hearing on November 1st at 9:00 a.m. in Department 66 at 330 W. Broadway (the Hall of Justice). Please attend and show that the public supports our cause! The Court will be hearing SDHC’s claim that its setting of payment standards is “protected activity” made in furtherance of SDHC’s “right of free speech or petition.” SDHC, which is a government entity, has alleged that if this lawsuit is allowed to move forward, it will “chill” SDHC’s “valid exercise of the constitutional rights of freedom of speech and petition.”

The Court will also be hearing SDHC’s allegation that this lawsuit was not brought “solely in the public interest” because the relief we seek – to enjoin SDHC from perpetuating racial segregation – will not benefit the public but will benefit only non-white Section 8 recipients. SDHC’s position reflects a disturbing misunderstanding of how segregation adversely impacts all members of the community, not just racial minorities. SDHC’s position also reflects a flagrant misunderstanding of how its own program works since the relief we seek will benefit all voucher recipients, not only racial minorities. 

In addition, the Court will be hearing SDHC’s request to have the case dismissed, and SDHC’s claim that its CEO’s repeated use of “social engineering” to describe an Obama-era desegregation policy cannot be used in the lawsuit to show discriminatory intent.

We were also joined by our Assistant Treasurer, Wanda Rogers and NAACP members Abdul Waliullah Muhammad and Bro. Charles 3X, as well as at least one Section 8 client. 

The Court has directed the San Diego Housing Commission to share the documents we have been requesting for four months now and that is a win, the Housing Commission is not allowed to withhold this evidence and we feel this evidence will further demonstrate the extent to which the Section 8 payment standards perpetuate racial segregation. 

Overall, we had some gains and some setbacks, but we are still moving forward. There is a lot of information that the Commission has not given us that we need for our case and the judge  authorized us to get as least some of it from the Commission. We will be doing that as well as working to get everything we need to prevail in this case. Our extraordinary attorneys, Paraja Ijadi-Maghsoodi, Bryan Pease and James Crosby are putting in incredible hours and doing an incredible job for the people and for the NAACP. 

This will be a long case but we are in it to win it. We will keep you posted on developments. It appears clear that we will need to go beyond the courtroom to other methods of persuasion to achieve our goal of equity in housing in San Diego. Stay tuned.  Thanks to those who came out and supported us in the courtroom. 

September 13th Section 8 Lawsuit Hearing

Bryan Pease, Carol Spong, Parisa Ijadi-Maghsoodi and Clovis Honoré

Our President joined our Housing Chair, Carol Spong at the hearing on September 13th regarding our lawsuit against the San Diego Housing Commission, alleging that the way the Commission sets Section 8 voucher values, and its impact on people of color and low-income San Diego Residents, should be changed to be more equitable.

We were also joined by our Assistant Treasurer, Wanda Rogers and NAACP members Abdul Waliullah Muhammad and Bro. Charles 3X, as well as at least one Section 8 client. 

The Court has directed the San Diego Housing Commission to share the documents we have been requesting for four months now and that is a win, the Housing Commission is not allowed to withhold this evidence and we feel this evidence will further demonstrate the extent to which the Section 8 payment standards perpetuate racial segregation. 

Overall, we had some gains and some setbacks, but we are still moving forward. There is a lot of information that the Commission has not given us that we need for our case and the judge  authorized us to get as least some of it from the Commission. We will be doing that as well as working to get everything we need to prevail in this case. Our extraordinary attorneys, Paraja Ijadi-Maghsoodi, Bryan Pease and James Crosby are putting in incredible hours and doing an incredible job for the people and for the NAACP. 

This will be a long case but we are in it to win it. We will keep you posted on developments. It appears clear that we will need to go beyond the courtroom to other methods of persuasion to achieve our goal of equity in housing in San Diego. Stay tuned.  Thanks to those who came out and supported us in the courtroom. 

Attendance Needed: SDHC Lawsuit Hearing

SEPTEMBER 13th!

As you know, the NAACP San Diego Branch is involved in a lawsuit to fight the San Diego Housing Commission’s discriminatory and segregationist practice of setting Section 8 voucher levels too low to allow access to all areas of our city.

Low-income folks are a positive asset to a neighborhood when that neighborhood is doing well. They become part of the community, they participate in life, and their labor and presence helps the community thrive. It’s when low-income folks are forced to live all in one place that there is trouble; when nobody has much money, there’s no way for that neighborhood to thrive.

If we build a truly fair housing system, that lets low-income folks live throughout our city, they will do better and all our neighborhoods will do better.

There will be a hearing on September 13th at 10:30 a.m. in Department 66 at 330 W. Broadway (the Hall of Justice), to determine whether or not the SDHC will be required to let us look at their records so we can see fully into how they have behaved. Your support would be very much appreciated at this hearing!

It is important to RSVP if you plan to attend, so we can notify you of any last minute changes. Please check your mail before setting out for the hearing to make sure the Court hasn’t change it again.

RSVP

We are very grateful to those of you who came out for our Press Conference; it got the media interested. Make no mistake; regardless of attorneys or judges or laws or motions or rulings, public opinion MATTERS. If YOU show up and YOU show you CARE about what they’re doing to low-income people and the neighborhoods the SDHC forces them to live in, our local government WILL take notice!

Photo: Robert Tambuzzi

NAACP San Diego Joins Lawsuit Against San Diego Housing Commission’s Racial Segregation Policies – Voice and Viewpoint

Coverage from ABC 10

Coverage from NBC 7