BFAA, INC.’S ADVOCACY PRODUCES HUGE LEGAL WIN FOR BLACK FARMERS
On Tuesday, October 31, 2017, a panel of Federal Judges (United States Court of Appeals) agreed with BFAA, Inc.’s attorneys and denied USDA’s Motion for Summary Affirmance.
BFAA, Inc. filed a 1.8 Billion Dollar class action lawsuit in June of 2015, on behalf of thousands of claimants (filed by heirs) who were attempting to file a claim on an African American male participant in the lawsuit styled: Hispanic and Women Farmers Voluntary Claim Process in 2013. However, the claims administrator (EPIQ Systems of Portland, Oregon) contracted by USDA refused to forward claims so indicating that the claim was being filed on behalf of an African American male.
Moreover, BFAA, Inc.’s lawyers argued that the action by EPIQ Systems violated Title VI of the Civil Rights Act of 1962 (42 U.S.C. Section 2000d). TitleVI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark CivilRightsAct of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
President John F. Kennedy said in 1963: Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.
Accordingly, the judges went on to say: “Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.”
Dr. Martin Luther King Jr. was very much aware of the discrimination by the government (U.S.D.A.) against Black Farmers, Sharecroppers, and their heirs; he also advocated for lawsuit settlement checks.
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