Disputing that state policies are discriminatory and rooted in segregation, Attorney General Ashley Moody鈥檚 office has asked a federal appeals court to reject a potential class-action lawsuit about issues such as funding and programs at historically Black Florida A&M University.
Lawyers in Moody鈥檚 office filed an 85-page brief last week asking the 11th U.S. Circuit Court of Appeals to uphold a decision by U.S. District Judge Robert Hinkle to dismiss the lawsuit, which was filed on behalf of six Florida A&M University students.
Attorneys for the students contend that state practices involving FAMU have violated the Equal Protection Clause of the U.S. Constitution and what is known as Title VI of the Civil Rights Act of 1964. As examples, they allege underfunding of FAMU and that duplications of programs with nearby Florida State University and other universities have harmed FAMU.
But the state鈥檚 brief said that now 鈥�70 years removed from segregation, Florida presumptively has met its affirmative duty to dismantle its segregative system and has not enacted policies with discriminatory intent.鈥� It said the lawsuit ignores other factors that play into issues such as funding.
鈥淥ver the past 70 years, Florida鈥檚 population has skyrocketed from 3.5 million to over 22 million, and its university system has ballooned from three universities to 12,鈥� the brief said. 鈥淭hose dramatic shifts have brought with them a host of new considerations for legislators: What financial strategy best serves the state鈥檚 burgeoning population? What are each university鈥檚 needs? How many students do they serve? What research do they perform? How much non-state revenue do they receive? And how much funding does the state have to allocate?鈥�
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But in a May brief filed at the Atlanta-based appeals court, attorneys for the students alleged the state has 鈥渕aintained discriminatory practices traceable to segregation.鈥� The brief said, for example, that FAMU needs to have high-demand, unique academic programs to help draw a wide range of students.
鈥淔lorida has failed to create an academic identity for FAMU separate from its racialized history,鈥� the May brief said. 鈥淭hat is a product of the unnecessary duplication of academic programs at other state universities, particularly geographically proximate FSU, and the failure to offer any unique, high-demand program at FAMU to attract racially diverse applicants and establish an academic identity beyond FAMU鈥檚 segregated history.鈥�
The lawsuit, filed in 2022, names as defendants the state, the university system鈥檚 Board of Governors and system Chancellor Ray Rodrigues.
In his January decision dismissing the case, Hinkle wrote that the plaintiffs did not meet a key legal test of showing that disparities among state universities were rooted in what is known as 鈥渄e jure鈥� segregation 鈥� segregation sanctioned by law. He rejected arguments about issues such as overlaps in programs with other universities.
鈥淭he plaintiffs complain that FAMU has too few unique, high-demand programs 鈥� programs not available at any of the 11 other state universities,鈥� Hinkle wrote. 鈥淏ut asked at oral argument for an example of any program FAMU is lacking 鈥� any program the plaintiffs assert FAMU does not offer today because of the prior de jure segregation or current intentional discrimination 鈥� the plaintiffs could come up with none. FSU and UF (the University of Florida) have larger student bodies than FAMU and offer more courses, but the 鈥� complaint alleges no facts that would support a finding that this is traceable to de jure segregation or intentional racial discrimination.鈥�
The state鈥檚 brief last week echoed Hinkle鈥檚 conclusions on such issues.
鈥淧laintiffs contend that Florida has a policy of depriving FAMU of unique high-demand programs, which supposedly traces back to segregation,鈥� the brief said. 鈥淏ut plaintiffs failed to plead any modern state effort to stunt FAMU鈥檚 curriculum. They identified not one program that FAMU has sought but was denied. And by their own count, FAMU has 34 unique programs not offered at nearby FSU, including four so-called unique high-demand programs. True, FSU has 鈥榝ive times the number of unique programs鈥� that FAMU has. But FSU also has almost five times the students that FAMU has.鈥�
