California judge scuttles motion to dismiss in racial discrimination case

SACRAMENTO, Calif. (CN) — A federal judge on Wednesday declined to dismiss a lawsuit filed by four Siskiyou County Asian Americans who claim their local government has discriminated against them because of their race.

Ger Chong Ze Chang, Mai Nou Vang, Russell Mathis and Ying Susanna Va claim the county and Sheriff Jeremiah LaRue have used discriminatory traffic stops and improper search and seizure, discriminatory water ordinances and unlawful liens against them. They seek class certification to include all Asian Americans who live, own property or travel by vehicle in the rural Northern California county.

The county and sheriff sought to dismiss the suit, arguing that supposedly discriminatory ordinances have since been rescinded. Also, they said the plaintiffs failed to state a claim.

U.S. District Court Chief Judge Kimberly Mueller wasn’t convinced.

“Plaintiffs have met their burden of overcoming the presumption of mootness as to the water claims by showing the county enacted similar legislation shortly after repealing the others,” Mueller wrote.

“The water nuisance ordinance had a chilling effect on well-owners because it has been used to bring civil actions against them and has reduced water sources for Asian Americans,” she added. “This has led to numerous safety and health issues.”

The county has said cannabis enforcement, drought and public health reasons led to the water ordinances, though the plaintiffs say that’s a cover for racial animosity. Law enforcement has taken only a small number of actions against illegal grows in mostly white neighborhoods. Also, the official minutes of government meetings reveal animus against Asian Americans.

A county ordinance targeting cannabis grows, and allowing the county to place liens on property to recoup fines, led to over 80% of the liens affecting Asian Americans, the plaintiffs say. Mueller found the county’s repeal of the liens ordinance didn’t make it moot either because the issue of possible damages remains.

Pivoting to the county and sheriff’s arguments that a claim hasn’t been properly made, Mueller found the plaintiffs have made a sufficient accusation the two defendants agreed to violate their rights.

“Plaintiffs have sufficiently alleged facts demonstrating defendants have committed concerted acts that are unlikely to have been undertaken without an agreement,” Mueller wrote.

Additionally, Mueller disagreed with the county and sheriff that no accusation showed that their actions were racially motivated. The judge listed several accusations made in the suit that linked the defendants’ actions to race.

Asian Americans have been described as drug dealers and gang members who aren’t truly citizens of the community. Asian American motorists are disproportionately stopped and searched in the county. The stops were almost 60% higher during the day, when an officer could see the driver. Also, the traffic stops involving Asian Americans took 56% longer than those for non-Asians, the judge cited.

“Plaintiffs’ allegations are more than ‘naked assertions’ or ‘conclusory statements,’” Mueller wrote. “Among other facts, plaintiffs have alleged evidence of gross statistical disparities, a history of racial animus against Asian Americans and racially charged language used against Asian Americans in public forums, including by officials; they have stated a cognizable equal protection claim.”

The judge also didn’t accept that the searches and seizures stemmed from reasonable suspicion.

Chang claims he had committed no traffic violation during his two traffic stops. During the first stop a deputy told him he’d seen something in the bed of Chang’s truck. A deputy gave no reason during the second stop. Chang received no citation or ticket in either stop.

Vang received a fix-it ticket during her 30-minute stop, but also endured a vehicle search for a minor violation.

Finally, Chang and Vang said their searches weren’t voluntary or consensual. In one stop, Chang was ordered to open his vehicle and empty bags that had his laundry. In Vang’s search, she and her husband didn’t think they had a choice in whether a deputy searched the vehicle.

“It is defendants who bear ‘the heavy burden of demonstrating that the consent was freely and voluntarily given,’” Mueller wrote.

An attorney for the Asian Law Caucus said in a statement that it would be difficult to find other leaders in California who talk callously about their constituents.

“For years, Siskiyou County officials and the Sheriff’s Department have threatened, targeted, and intimidated Hmong Americans and Asian Americans in a blatant effort to isolate and expel them,” said Megan Vees, litigation staff attorney. “As the Asian American community has grown, reports of egregious discrimination and racial profiling have increased.”

An attorney for the sheriff and county couldn’t be reached for comment.

A hearing on a motion to certify the class is set for Sept. 13.