Inactive Case

Foundation Against Intolerance & Racism, Inc. et al. v. City of New York et al.

Docket No.
1:22-cv-00528
District Court
New York

Goal

  • Block enforcement of agency action
  • Declaration that agency action is unlawful

Issues

Why this Matters:

The plaintiffs allege that efforts New York City pursued to ensure that communities of color had robust access to certain treatments for COVID-19 violates the Equal Protection Clause of the Fourteenth Amendment, the Civil Rights Act of 1866, Title VI of the Civil Rights Act of 1964, Section 1557 of the Affordable Care Act, and the New York State Constitution. The COVID-19 pandemic has disproportionately affected communities of color and various structural barriers have made it difficult for those communities to receive certain COVID-19 treatments compared to their white counterparts.

Potential Impact:

Restrictions on the ability for policymakers to address gaps in treatment access for communities of color would hamper measures aimed at narrowing disparate health outcomes.

20 Major Filings

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Related Litigation

Current Status

Case dismissed

Legal Issues

Affordable Care Act Section 1557, Civil Rights Act of 1964, Civil Rights Act of 1866, Fourteenth Amendment - Equal Protection Clause, Article I, § 11 of the New York State Constitution

Date Filed
January 20, 2022
Case Type
Civil
Court Type
District Court
Court
New York
Court Division
Southern
Judge
Failla, Katherine Polk Appointed By: Barack Obama
Plaintiff(s)
Foundation Against Intolerance & Racism, Inc.; Benjamin Stewart
Lead Counsel For Plaintiff(s)
Benno & Associates P.C.
Defendant(s)
City of New York; New York City Department of Health and Mental Hygiene; Dave A. Chokshi; Mary T. Bassett
Lead Counsel for Defendant(s)
Government