Court Allows African People's Education Fund to Pursue Free Speech and Race Discrimination Claims Over Revoked COVID Grants

In African People's Education and Defense Fund, Inc. v. Pinellas County, the Eleventh Circuit allowed the nonprofit’s constitutional challenges to proceed. Judges Kevin Newsom, Andrew Brasher, and Paul Huck concluded that the county’s handling of two COVID-relief grant applications—initially approving and then revoking a $36,801 award for radio equipment and later denying a $67,327 request for a backup generator—appeared motivated by the group’s association with the Uhuru Movement and its predominantly Black leadership.

The panel held that, unlike traditional contractors, the nonprofit is more akin to an ordinary citizen whose protected speech cannot be suppressed through funding decisions. It also affirmed that a corporation may bring an Equal Protection claim based on race discrimination, citing internal texts and procedural irregularities as evidence of discriminatory intent. While the court dismissed the due-process claim, it permitted the First Amendment retaliation and race-based equal-protection claims to move forward. Plaintiff representation is provided by Luke Charles Lirot and Rachel Ricks of the Law Office of Luke Lirot.