SOCIAL JUSTICE BLOG
Read and share extraordinary stories from the frontlines of social change
Impact Fund Grantees Combat Injustice & Score Major Victories in 2023
As we approach the end of 2023, we wanted to take a moment to reflect on our grantees’ incredible accomplishments. This year, Impact Fund grantees achieved meaningful change for a wide range of communities experiencing injustice, including incarcerated people, racial justice protesters, mobile home residents, unhoused people, and more. We were honored to help support these cases, which demonstrate how impact litigation can be an effective tool to hold powerful entities accountable.
It’s Not the Numbers, It’s the People
As I prepare to turn over the reins of the Impact Fund to Lindsay, I cannot help but reflect on some of the turning points in the organization’s history and some important people who have made the organization what it is. I write to highlight just a few of those moments and individuals, although I feel that I could fill a book with stories of the many talented people who are or have been part of our Impact Fund family over the past 30 years.
Class Action Advances the Welfare of 6,000 Foster Children in West Virginia
The West Virginia child welfare agency that was supposed to protect foster child, Jonathan, has failed. Last month, in a huge step forward, the case was certified as a class action, meaning that the case is now proceeding not only on behalf of Jonathan, but on behalf of all children in foster care in West Virginia. The children’s lawyers now have the opportunity to prove that children in the West Virginia foster care system are being subjected to an “unreasonable risk of harm,” which the state is constitutionally barred from inflicting on children.
Dakota Access Pipeline: Urgent Deadline to Stand Up for Environmental Justice
The Dakota Access Pipeline and the conflict over its controversial crossing of the Mississippi River is much further from the spotlight in 2023 as it was in 2016. Despite the lack of media attention, this issue is far from resolved – and a crucial deadline in the resolution process is rapidly approaching. On October 13, the environmental review public comment period will come to an end. Please consider writing to the U.S. Army Corps of Engineers calling for further environmental safeguards or a complete stoppage of the Dakota Access Pipeline before that deadline.
To write-in click here!
Whistleblower Law, Impact Litigation, and the Potential for Social Justice
Whistleblower law remains fairly limited in who it can help—protecting federal employees and employees of federal contractors or grantees. For most cases to qualify as whistleblower cases, the case must include some aspect of fraud and public funding. Therefore, if there happened to be wrongdoing by a company that was privately owned and received no public money or tax incentives, then it would be unlikely that the case could be brought under any of the whistleblower programs.
Impact Fund & Allies File Class Action Seeking Justice for LGBTQ+ Veterans
Discharge paperwork has significant long-term effects on the lives of veterans. A veteran’s DD-214 serves as their primary record of service. For these LGBTQ+ veterans, proving their military service – for instance, in applying to jobs or applying for veterans’ benefits – effectively amounts to “outing” their sexual orientation. Veterans who received discharges characterized as something other than “Honorable” are also barred from accessing many of the critical benefits available only to veterans with Honorable discharges. This includes healthcare through the Department of Veterans’ Affairs, funding for higher education, home loan financing, job benefits, and more.
Critical Race Theory & Us: How does this impact us and why should we care?
Critical Race Theory highlights how the concept of race does not have a biological foundation, but instead, is a socially constructed idea that has been historically embedded into our institutions and culture. The theory challenges everyone – regardless of ethnic identity – to look at how their experiences with racism actively contribute to those systems. Many politicians, educators, and social theorists, have proposed that CRT possesses the connotation that to achieve social equity, blaming and even being ‘racist back’ to white people will assist us in getting there. As of April 2023, 18 states have banned the teaching of Critical Race Theory in K-12 education, and 17 others currently have a bill introduced to congress to ban/restrict.
Achieving Justice for Forced Labor Victims in Saipan
When I first met the plaintiffs, they were terrified of their employers, afraid to complain, and felt utterly disenfranchised. After learning of their legal rights, they protested in the streets of Saipan for their wages and told federal authorities that they would not return to China until they were paid. The mere act of bringing this forced labor case against very powerful, well-connected defendants is itself an act of incredible courage. And the plaintiffs’ willingness to persist with the litigation after returning to China—where they were harassed and threatened to drop or settle their claims—is further testament to their bravery.
Keeping Sewage Out of the Sacramento-San Joaquin Delta
Following a successful enforcement action by California Coastkeeper Alliance, Sacramento County is now required to repair its outdated sewage system, which has caused multiple sewage overflows over recent years. The County has agreed to invest $100,000 annually toward eliminating sewage discharge through assessments and inspections, cleaning the sewage lines, and repairing or replacing lines that experience repeat stoppages.
Housing Not Handcuffs: Victory In Boise Continues to Resonate Nationally
As stories of our country’s failure to adequately address homelessness make national headlines, with incidents like the murder of Jordan Neely on the New York City subway, elected officials are trying to make Americans see things simply, like homelessness as a personal choice, rather than the result of systemic failures. They want to make it a crime to be homeless, with police arresting those who simply don't have a place to live. That's ridiculous, and bad for our whole community. Because no matter your race or background, people don't choose to be homeless, and arresting people experiencing homelessness isn't the answer. The groundbreaking Martin v. Boise case has pushed communities toward the right answer—making sure everyone has a place to call home –since it was decided at the 9thCircuit in 2018.
A Beginner’s Guide to Forced Arbitration: A Barrier to Social and Economic Justice
Concealed in the fine print of many standard-form contracts, arbitration clauses force workers and consumers to give up their right to sue a company in court. Most forced arbitration agreements also contain class action waivers, which ban people from bringing and joining class action lawsuits against companies. People who are subject to forced arbitration agreements are instead required to resolve disputes with companies through private, individual arbitration. Meaningfully addressing and remedying social and economic injustice requires an end to forced arbitration.
Class Action Challenges San Diego's Criminalization of Homelessness
A lot is at stake in this case. Punitive approaches to sheltering in vehicles are reflective of the larger, nationwide policy shift toward criminalizing visible poverty in a harmful, expensive, and futile effort to police our way out of the growing homelessness crisis. When inherently innocent survival conduct, like sheltering, is treated as a punishable offense, the rights and freedoms of all human beings are threatened. It is critical to fight for protection of our freedoms in the courts.
Pursuit of Water Protection: Clean Water Access for Communities in the San Joaquin Valley
The Clean Water Project, which spanned our legal, training, and grantmaking programs, focused on bringing communities together to advocate for and gain access to potable water and on funding impact cases that address clean water issues faced by residents of unincorporated communities in the San Joaquin Valley in California. Although we have distributed all the Clean Water Project funds, the Impact Fund remains committed to funding environmental justice cases through our Just Earth program. We will continue to fund cases working to ensure that people’s right to clean water is protected.
Youth Plaintiffs' Suit For Climate Justice Heads To Historic Trial In Montana
“Going to trial means a chance for me and my fellow plaintiffs to have our climate injuries recognized and a solution realized. It means our voices are actually being heard by the courts, the government, the people who serve to protect us as citizens and Montana’s youth. Knowing that we have the dates for the first youth constitutional climate case ever, I feel hopeful that finally our government may begin to serve our best interests.”
Class Action Brings Justice and Healing to Foster Children in Kansas
I remember talking to children and families early in our work in Kansas and being shocked by the stories they told. How children were regularly dropped off at a new foster home night after night without being offered so much as a warm meal or a shower before being picked up the next morning. They would then spend their day in a case worker’s office with nothing to do. Some children cycled through upwards of ninety placements due to this horrifying practice. This is an experience that we know devastates youth emotionally and psychologically, and interferes with child brain development. It was impossible for me to fathom how we could be doing that to any child.
Class Action Hall of Fame, Class of 2022: Title IX Champions for Equality in Women's Sports
As the case worked its way through the legal system, my teammates and I learned more and more about the history of women and sports, Title IX, the promises that had been made yet not fulfilled and the injustices that exist(ed) everywhere. We realized that this case was about much more than just getting our gymnastics team back. We became Title IX warriors.
SCOTUS Should Not Allow Students To Be Pressured To Pray To Play!
Joseph Kennedy was an assistant football coach at Bremerton High School, a public school in the State of Washington. For years, Kennedy led his team in prayers, both before and after games. When the School District learned what he was doing, it asked him to stop. The District made sure to let Kennedy know that it would find ways to accommodate his religious practice that did not make students feel pressure to participate. But Kennedy’s lawyers made clear that he would accept nothing less than capitulation by the School District: He must be allowed to continue to pray at the 50-yard line at the end of every game, joined by students. The district court and Ninth Circuit rightly rejected that demand—twice—but the Supreme Court has now granted cert.
Victory for Unhoused People in Ocala, Florida - Court Rules City Ordinance Unconstitutional
After Patrick McArdle’s eighth arrest in early 2019 for sleeping on public property in Ocala, Florida, he could no longer accept the injustice of being arrested merely because he was unhoused. When he was unable to make bond, he decided to spend his time in jail in the library, researching constitutional caselaw about sleeping ordinances. When he stumbled upon Martin v. Boise, he felt vindicated — he was now sure the City’s efforts to arrest and incarcerate unhoused residents in Ocala for sleeping outside were, like Boise’s, in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment.
LGBTQ+ Veterans Still Suffer Harms From “Don’t Ask, Don’t Tell” Ten Years After Repeal
The repeal of DADT was a cause for celebration, but those service members subject to it still must contend with a loss of valuable benefits, bureaucratic intransigence, and stigmatization. Today, tens of thousands of LGBTQ-identifying veterans are still foreclosed from receiving the benefits they deserve. As the tenth anniversary of DADT’s repeal approaches, there is new movement to address these harms. If you or someone you know is a former service member who served in any branch of the U.S. armed forces, were separated from service for being openly LGBTQ—or because others thought you were—and received anything less than an honorable discharge, please contact us.
Just Earth Celebrates Three Years of Success Championing Environmental Justice
In the three years since the creation of Just Earth , the need for funding for environmental justice has only increased. After receiving generous seed funding from the Mosaic collaborative, Just Earth is poised for the next chapter. As of today, Just Earth has awarded more than $500,000 by way of 26 recoverable grants. With each of our grants, we aim to effect positive change by funding environmental justice litigation: environmental cases that dually aim to empower and cultivate justice for Indigenous and other underserved communities. All too often, environmental racism and discrimination on the basis of class and race are linked with significant ecological harm.