The city of Salem is accusing the federal government of leveraging federal disaster relief funds to coerce local leaders into rejecting programs that support diversity, equity, and inclusion. According to a new lawsuit, the federal government has made federal grants needed to provide Salem residents with safe, clean drinking water after devastating flooding contingent on accepting an unrelated – and illegal – White House political agenda.
Background
The lawsuit, filed in Eugene U.S. District Court, names the Federal Emergency Management Agency (FEMA) and its acting administrator, Robert Fenton Jr., along with the U.S. Department of Homeland Security (DHS) and its secretary, Markwayne Mullin. Salem’s claims focus on requirements and implied conditions included in a contract city leaders must sign in order to receive over $1 million in allocated federal funding to replace culverts and a roadway leading to the West Salem Pump Station.
The city argues that the federal government’s terms mean Salem must “either agree to unlawful conditions or forgo funding critical to protecting people and property.” The lawsuit also contends that the conditions are an illegal, politically motivated form of executive overreach intruding on Congressional powers.
Constitutional Concerns
The lawsuit argues that federal agencies are circumventing Congressional authority to push the Trump administration’s political agendas. The city is asking a federal judge to rule the conditions unconstitutional and unlawful. The lawsuit also seeks a judicial order preventing future federal agreements with Salem from including such conditions.
Salem officials are concerned that the conditions could put the city at risk of losing funding opportunities or having promised funds canceled for complying with state laws and longtime federal precedent. The city is also worried that the conditions could disrupt its budgeting and operations and undermine its ability to determine how to meet its community’s needs.
Original reporting: Salem Reporter — read the source article.
