Baltimore Red Line Civil Rights Complaint

On December 21, 2015, CREEC, the NAACP Legal Defense and Educational FundCovington & Burling LLP; and the ACLU of Maryland filed a complaint with the United States Department of Transportation on behalf of the Baltimore City Chapter of the NAACP, Baltimore Regional Initiative Developing Genuine Equality, Inc. (“BRIDGE”), and African-American residents of the City of Baltimore, challenging the state’s decision in 2015 to cancel plans for the “Red Line” rail system for Baltimore City.  The complaint alleges that the decision to cancel the Red Line and divert transportation funds to highway and other projects outside the city has a disparate impact on African-American residents in Baltimore.  According to the complaint, this action violates Title VI of the Civil Rights Act of 1964, which prohibits state agencies that engage in discrimination from receiving federal funds.

The rapid transit system would have connected the predominantly African-American communities on the east and west sides of Baltimore and provided access to jobs and opportunities.  It was anticipated that the construction of the line alone would have created 10,000 jobs.  The plan for the much-anticipated Red Line was developed over 15 years, but was abruptly cancelled in June by Governor Larry Hogan at a surprise announcement in Annapolis.  At the same time, the Governor announced plans for the construction of highway and bridge projects in rural and suburban parts of the state.

According to the complaint, the federal and Maryland state governments had already invested nearly $300 million in the development of the Red Line project.  When the rail line was cancelled, Maryland forfeited an additional $900 million in funds promised from the federal government for the public transit project.  Compounding matters, the state announced on the same day that it was transferring funding for the line’s construction to a series of road projects, none of which are in Baltimore.

The planned rail line would have connected locations of economic opportunity with residential neighborhoods, creating nearly 10,000 construction jobs, and serving an estimated 57,000 commuters per day. Baltimore City’s current rate of unemployment is 7.6% and the state’s is 5.2%.

Expert analysis, research and community interviews, and the state’s own analysis point to the disparate impact of the decision on African-American residents of Baltimore City.  In 2010, approximately 25 percent of African Americans in Baltimore relied on public transportation to travel to work, compared to only eight percent of whites. Census data show that of the 620,961 Baltimore City residents, 63.7% are African American.  The complaint challenging the Red Line cancellation sets out a devastating history of transportation decisions that have disfavored African-American residents of Baltimore City.

 The complaint asks the Department of Transportation to investigate whether the state’s decision to cancel the Red Line violates federal law.

Read the full complaint here.