PORTLAND — Two-dozen prominent Oregon Latinos issued a statement Sunday condemning a lawsuit by a Mexican American coffeeshop owner that challenges a one-of-a-kind state fund for Black Oregonians.
Maria Garcia, owner of Revolucion Coffee in downtown Portland, sued last week seeking access to the $62 million Oregon Cares Fund. The program is a unique experiment in addressing racial injustice, but because the money is earmarked specifically for one race the fund is under legal scrutiny.
“We need to join together with people from all walks of life to fight for our future, and advocate for relief during COVID-19 for Black and Latino communities — not attack the little that some communities have,” the Latino leaders wrote Sunday. “We demand Maria Garcia drop the lawsuit immediately, and make a public apology to Black leaders that advocated tirelessly to deliver much needed relief to a community that has been left behind historically and systematically by Oregon’s institutions.”
Garcia’s suit is the second to challenge the fund in federal court. The first, from a white-owned Oregon logging company in John Day, lost a bid Friday to obtain an injunction to halt its operation. That means the fund is free to continue distributing money to Black Oregonians, possibly through the end of the year when the Cares Fund is due to finish allocating its payments.
Garcia was an unsuccessful candidate for the Multnomah County Commission in 2018 who has been active in Portland’s civil rights community. She is a former president of Don’t Shoot PDX, which advocates for social and racial justice. Her lawsuit is being litigated by the Center for Individual Rights, a national organization that seeks limits on government regulation.
“Due to COVID-19, my Mexican, woman-owned business lost customers, lost its employees, and almost lost its lease. But I have been fighting hard to survive,” Garcia said in a statement Friday. “It’s not fair that the state would deny access to relief solely because of my race.”
Sunday’s statement opposing Garcia’s suit was signed by several elected officials and Latino community leaders, including Portland City Commissioner-elect Carmen Rubio, Multnomah County Commissioner Jessica Vega Pederson, Portland Public Schools Superintendent Guadalupe Guerrero and three Oregon state representatives.
“The actions of Maria Garcia are anti-Black, and do not represent the sentiment of Latinos – some of whom also identify as Black — and who believe these investments in the Black community are vital to saving lives during the pandemic and provide the very needed financial support during these difficult times,” they wrote in their statement.
Garcia did not immediately respond to a request for comment through her attorney.
Both Garcia’s suit and the earlier case argue that the Cares Fund violates the equal protection clause of the U.S. Constitution because it allocates money exclusively for one race. Oregon’s legislative counsel warned last summer the fund could be unconstitutional.
The fund’s proponents maintain that it passes legal muster because it rectifies chronic discrimination in the allocation of federal assistance, including coronavirus relief funds.
