11th Circuit finds standing in Fearless Fund Case and Allows Injunction to go into Effect
The 11th Circuit Court of Appeals found against the Fearless Fund today finding that the American Alliance for Equal Rights has standing in the case, and additionally allowed an injunction to go into effect prohibiting the assistance to black women owned businesses because of a substantial liklihood of success on the merits.
From the opinion: In this appeal from the denial of a preliminary injunction, we are asked to decide whether the Fearless Strivers Grant Contest, an entrepreneurship funding competition open only to businesses owned by black women, violates 42 U.S.C. § 1981, which prohibits private parties from discriminating on the basis of race when making or enforcing contracts. We must also decide, as a threshold matter, whether the plaintiff, the American Alliance for Equal Rights, has standing to challenge the contest.
After careful review, and with the benefit of oral argument, we hold (1) that the Alliance has standing and (2) that preliminary injunctive relief is appropriate because Fearless’s contest is substantially likely to violate § 1981, is substantially unlikely to enjoy First Amendment protection, and inflicts irreparable injury. We therefore affirm the district court’s determination that the Alliance has standing to sue but otherwise reverse its decision and remand with instructions to enter a preliminary injunction.”
We have blogged about this matter before including the amicus brief Roger Colinvaux participated in drafting and filing and the oral arguments at the 11th Circuit.