The Department of Justice (DOJ), under the Trump administration, has issued a caution to officials in Buncombe County and the city of Asheville regarding potential federal law violations if they proceed with recommendations from the Asheville-Buncombe Community Reparations Commission.
Harmeet K. Dhillon, Assistant Attorney General for the Civil Rights Division, expressed in a letter dated September 4 that her office has serious reservations about the recommendations. She stated, “Many of the recommendations, if implemented, would violate federal civil rights law, including, without limitation, the Fair Housing Act, Title VI, Title VII, and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.”
The letter followed the presentation of the reparations commission’s final report to the county commission. Formed in March 2022, the commission was a response to racial justice protests in 2020.
The report outlines 39 proposals across five sectors: criminal justice, economic development, education, health and wellness, and housing. Noteworthy suggestions include universal funding for Early Childhood Education, addressing damage to legacy neighborhood churches and homes due to Helene, and offering grants to legacy neighborhoods and public housing communities.
Despite the lack of formal action by county commissioners this month, the DOJ’s letter hints that an approval of the recommendations is anticipated. Dhillon remarked, “According to media statements by the county’s Chief Equity and Human Rights Officer, Dr. Noreal F. Armstrong, the county has already set aside more than $2.9 million toward implementing the recommendations…My office stands ready to investigate and enforce violations of federal civil rights laws to the fullest extent possible.”
Buncombe County spokesperson Kassi Day informed BPR via email that the letter was only recently received due to it being sent to the wrong address. “Buncombe County has been and will always follow the letter of the law and will continue to comply with all federal anti-discrimination regulations,” Day stated. “It appears no response was requested from the County, and we want the community to know that Buncombe County Government understands the oversight and monitoring of these recommendations as we strive to meet the needs of everyone in our community.”
Kim Miller, representing the city of Asheville, confirmed that the City Council has been informed of the letter, and they are exploring the appropriate steps forward. “Our legal team will advise the City Council and staff on the legality of the Commission recommendations, in order to ensure compliance with current law,” Miller explained. “Because the letter was not addressed to the City of Asheville, nor was any response requested, the City does not anticipate providing one at this time.”
The commission is slated to present its final report to the City Council on September 9.
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