Article by The Carolina Journal:
A federal judge has denied class-action status in a lawsuit challenging race-based membership qualifications for an Asheville advisory board. Plaintiffs had argued that the rules discriminate against white applicants to the Human Relations Commission.
“Plaintiffs contend that the class can be certified based on the alleged 46 applications from nonminority applicants that were subjected to the race-based preferences, of which the Plaintiffs allege 30 were not appointed,” Judge Martin Reidinger wrote in an order signed Monday. “These 46 applicants, the Plaintiffs argue, put the estimated number of class members ‘well above 40.’”
“However, the Plaintiffs have not presented any evidence indicating why the 30 of those 46 alleged applicants were rejected from membership on the HRCA,” Reidinger wrote. “Given that the criteria included experience or interest in human relations and residence in Asheville or Buncombe County in addition to the demographic criteria, it is not clear whether these 30 applicants were rejected solely on the basis of their race. Therefore, the Plaintiffs assertion that they would all qualify for class membership is merely conjecture.”
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