Florida officials warned to avoid reparations-style effort as state gears up to restrict DEI even further
Leon County, Florida, wants to address "historical harms" like many other local municipalities, cities and states, but was warned against it.
The Leon County Board of Commissioners voted Tuesday in Tallahassee to revive a measure that would address historical harms by conducting a study of the past and providing some sort of compensation.
However, county leaders must also comply with the new incoming state law, SB 1134, banning Diversity, Equity and Inclusion (DEI) initiatives across public institutions and local governments. The Florida House in March approved legislation to ban local governments from funding, promoting, or taking official actions related to DEI initiatives.
Commissioners changed the language of the county's initiative to avoid any state or federal law violations by slashing all references to slavery, DEI and reparations.
According to the Tallahassee Democrat, Leon County government staff asked commissioners to avoid the measure as they risk losing $16.8 million in grant money and potentially being removed from the board.
"SB 1134, in part, prohibits the County from funding, promoting, or taking any official action related to DEI and creates a cause of action that may be brought by a resident against a county that violates the bill," staff reportedly wrote in the agenda.
"The bill also provides that a member of a county commission acting in his or her official capacity who violates the prohibitions commits misfeasance or malfeasance in office and is subject to removal."
Beyond Florida, reparations have been a growing trend by lawmakers at the local to state level. Similar to Leon County, local municipalities and states have adopted or are considering adopting task forces to study historical harms of slavery, Jim Crow, and redlining policies that led to housing discrimination.
A Chicago suburb, Evanston, Illinois, went as far as paying $25,000 in cash to Black residents to address past racial housing discrimination. The city of Evanston and San Francisco were hit with lawsuits over alleged racial discrimination.
Lawmakers in Florida would face an uphill battle if they pursue reparations now that SB 1134, a bill likely to pass given the Sunshine State's Republican dominance, threatens it.
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To dodge legal troubles, Leon County wants to frame the measure more neutrally. Dr. Bruce Strouble, who originally proposed the idea, reportedly thought of a loophole around the anti-DEI law by hinging the measure on data.
Other commissioners raised concerns about the ramifications of violating state law if the measure proceeds, citing potential losses of millions of dollars in federal and state funding.
"And so, while I’m concerned about some past wrongs, I believe strongly that we as a county are addressing those wrongs without setting ourselves out as a target for our state funding and our county funding to be affected," Leon County Commissioner Carolyn Cummings said, according to WCTV.
Commissioner Nick Maddox insisted that the measure is not about DEI, WCTV reported.
"This is about historic harms and public policy," Maddox said. He continued, "It’s about legislation that harmed anyone regardless of race."
Maddox doubled down on his stance.
"And I want the public, the general public, to understand what I’m voting on. I’m going to say it one more time, so I’m clear. I am not voting on a race or gender-based program. I am not voting on DEI," Maddox said.
Commissioner Bill Proctor was reportedly unswayed by the possibility of being removed from office over proceeding with the effort, saying if he is removed by the governor, "so be it."
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"I want a progressive ongoing struggle to make us better," Proctor said.
The measure, initially presented as the "Proposed Charter Amendment on Persistent Disparities Resulting from Historic Public Policies," spearheaded by Strouble, was struck down in February at a Leon County Charter Review Committee meeting and later revived in March.
Strouble proposed the measure to address historical inequities through a "community restoration fund" without direct individual cash payments, distinguishing itself from typical reparations efforts in other parts of the country.
"We are simply suggesting a structure that requires the audit, creates a fund and looks at plans for remediation of said consequences of those historic policies. So I think if we stay focused there, this is something that can work and we should support it," Strouble said in February.
Leon County attorney Chasity H. O’Steen reportedly said in February that if the measure proceeds, there would be "severe limitations."
Leon County commissioners did not respond to a request for comment.