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Seattle's P-Patch Garden Scheme Faces Lawsuit Over Race-Based Plot Allocation

A conservative legal group says Seattle's community garden program illegally favors Black, Native American and Latinx applicants and requires an anti-racism pledge.

The Pacific Legal Foundation has warned Seattle officials that the P-Patch community gardening program may breach constitutional rights by giving preferential treatment to Black, Native American and Latinx applicants and by requiring an anti-racism declaration from all participants. In a July letter to the Seattle Department of Neighborhoods, the group argued that using race in the waiting list and conditioning access on a specific ideological statement raises serious legal concerns.

The foundation gave the city until August 20 to answer, and after receiving no response, it indicated that a lawsuit could be filed. This challenge follows a separate discrimination complaint the foundation is pursuing on behalf of former Human Services Department employee Joshua Diemert, who claims he was retaliated against for alleging bias against white homeless individuals. The case is pending before the Ninth Circuit Court of Appeals, which is also reviewing claims of a hostile work environment stemming from diversity training. Seattle Department of Neighborhoods spokesperson Zachary Pullin said a response is in the mail but declined to discuss the program's specifics.

Why it matters

The case could set a precedent for how municipalities use race and speech requirements in public programs.

In this story

community gardeningrace-based allocationanti-racism statementconstitutional concernslegal challengeSeattlePacific Legal Foundation
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