The city of Seattle is facing legal threats over a community gardening program that prioritizes minorities for plots of land and forces applicants to sign an "anti-racism statement," provisions that a conservative legal group says are unlawful.
The Pacific Legal Foundation told city officials in July that the P-Patch Program, which places black, Native American, and "Latinx" applicants at the top of its waiting list, "unlawfully uses … race" and conditions access to public benefits on an ideological pledge.
Both provisions "raise significant constitutional concerns," the group told the Seattle Department of Neighborhoods in a letter. "The right to free speech prohibits the government from telling individuals what they must say."
To apply for a plot of land, residents must sign a statement acknowledging that "institutional racism … has prevented people of color from fully participating in our program."
"We believe that we each have a responsibility to make our gardens more inclusive and welcoming to all," the statement reads. "This requires us to commit to addressing racism and all forms of injustice in our communities and center people most impacted by systemic racism: Black, Indigenous, and People of color (BIPOC)."
The Pacific Legal Foundation gave Seattle until August 20 to respond to questions about the program. The city ignored those requests, said Andrew Quinio, an attorney with the group, setting the stage for legal action.
"They cannot ignore their constitutional obligation to treat residents equally," Quinio told the Washington Free Beacon. "Residents should have the opportunity to participate in P-Patch on an equal playing field, regardless of race."
If the Pacific Legal Foundation challenges the P-Patch Program, it will be the second time that the group has filed a discrimination complaint against Seattle. The foundation is representing Joshua Diemert, a former employee of the city's Human Services Department, who was fired after he alleged that his colleagues were denying services to white homeless people.
Rather than reprimand those employees, Diemert's manager allegedly called him racist and forced him to undergo diversity trainings. The case is pending before the Ninth Circuit Court of Appeals, which will consider whether the content of the trainings—including a facilitator's claim that "white people are like the devil"—created a racially hostile work environment.
A spokesman for the Seattle Department of Neighborhoods, Zachary Pullin, said that the department's respond to Pacific Legal Foundation "is in the mail." He declined to comment on the allegations against the P-Patch Program.
