San Francisco judge challenges taxpayer lawsuit against reparations fund
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San Francisco Superior Court Judge Joseph Quinn ruled last week that a lawsuit challenging the city’s race-based compensation fund was premature and continued the challenge.
An appeal is an objection stating that the evidence presented is not sufficient for the judge to proceed with the review.
A spokesperson for the Pacific Legal Foundation told Fox News Digital on Tuesday: “We are disappointed in the Supreme Court’s decision, but we stand firm. The government cannot use taxpayer money to fund programs that discriminate on the basis of race. The next step will be to either amend the complaint or file an appeal.”
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A San Francisco Superior Court judge has challenged a lawsuit filed by taxpayers, arguing that it is unconstitutional for city officials to use taxpayer money for the Compensation Fund. (Photo: DeAgostini/Getty Images)
Quinn also gave the Pacific Legal Foundation permission to amend, giving it a chance to correct errors in the case.
Pacific Law FoundationSeveral San Francisco residents and the Californians for Equal Rights Foundation sued San Francisco, challenging an ordinance that created a fund for Black residents.
lawsuit claims The regulation discriminates on the basis of race because it allows taxpayer money to be transferred to the fund. The victory, the plaintiffs said, would protect taxpayers from supporting a government-run, race-based program and set limits for other cities that implement similar policies.
Quinn reportedly not convinced claimed the compensation plan was discriminatory, stating that there was not yet enough evidence to determine whether use of the program would have racial consequences.
“Both the United States and California Constitutions prohibit this,” the nonprofit says in its complaint. “The state cannot distribute benefits, opportunities or burdens based on race or ancestry.”
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The lawsuit claims the San Francisco compensation plan violates both the California and U.S. Constitutions. (Getty Images)
“This is a taxpayer-funded public agency in the defense of a regulation that gives a taxpayer-funded public agency the responsibility to manage a fund for an unlawful purpose,” said Pacific Legal Foundation attorney Andrew Quinio.
“How do you know this?” Quinn asked this question, rejecting the claim that damages would be distributed unlawfully.
According to Courthouse News, “Quinn and Quinio had a spirited exchange about the taxpayer situation and other issues. Quinn asked whether ‘the likelihood of something racially conscious occurring’ was enough to warrant a claim.”
“Quinio said yes, that was enough,” the outlet said.
“No, it’s not like that,” Quinn replied.
“‘There’s no authority for this.’ He noted that if that were true, ‘then there would be thousands of taxpayer actions challenging any law that citizens disagree with because something might happen under that law.’
Quinn reportedly said that provided the plan had a race-neutral option, plaintiffs would have to show how illegal the decision was in every filing that they could potentially challenge it sufficiently.
Quinn was appointed by former Democratic California Governor Jerry Brown.
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Judge Joseph Quinn said plaintiffs still must present evidence that San Francisco’s compensation program is race-based. (David Paul Morris/Bloomberg via Getty Images)
San Francisco officials and Californians for Equal Rights did not respond to Fox News Digital’s request for comment.
Democratic Mayor Daniel Lurie signed an ordinance in December creating a compensation fund that could one day award up to $5 million in compensation to each of the city’s eligible Black residents for claims of historic discrimination and displacement.
The ordinance, adopted by the Board of Supervisors in December, was signed by Lurie two days before Christmas. It established the legal framework for the fund but did not allocate funds or guarantee payments.
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The fund may be financed through private donations, foundations and other non-city sources. Any taxpayer-funded compensation payment would require separate legislation, a designated funding source, and mayoral approval.
