Can a highway expansion project be racist?
Joe Biden and his team of merry men (Mayor Pete) seem to think so.
President Joe Biden’s Department of Transportation (DOT) has paused a highway widening project in Houston, Texas, citing Title VI of the Civil Rights Act of 1964 as legal justification.
In what could be a first for any administration in this context, the Biden administration is using its federal powers to pause the Texas DOT plan to widen Interstate 45. The administration is doing this as a test to address what it calls a history of “government-driven racial inequalities.”
This comes after complaints from local activities during the federal DOT’s intervention period. The proposed plan, known as the North Houston Highway Improvement Project, is proposed to widen I-45 at three different sections.
The Texas DOT’s completed environmental review of the project in February found it would have a significant impact on the surrounding communities the highway currently runs through. It would reportedly displace a substantial number of black and Hispanic communities, including schools, places of worship, and more than 1,000 homes and businesses.
Biden’s transportation secretary, Pete Buttigieg, claims he will make what he calls “systemic racism” the centerpiece of his time at the department, consistent with Biden’s Executive Order 13985.
Title VI is part of the Civil Rights Act of 1964 that prohibits discrimination based on race, color, or national origin in programs that are receiving federal financial assistance.
Federal officials involved in this could eventually allow the project to take place. Politico reported, “the action to freeze it at all, and in particular DOT’s use of civil rights laws to underpin that decision, has buoyed activists on the ground and surprised even seasoned regulators in Washington.”
Permanently blocking this project could pose an uphill battle for the administration. Many lawyers say the administration will have to prove that widening the highway route in specific areas is intentionally discriminating against minority groups. Others note the Biden administration could try to persuade courts to agree that because the highway’s widening affects more minorities than whites, it should be considered a Title VI violation even with no evidence of discriminatory intent.
People drive on I-45 toward the Houston skyline as heavy rain stops during the aftermath of Hurricane Harvey August 29, 2017 in Houston, Texas. Harvey has set what forecasters believe is a new rainfall record for the continental US, officials said Tuesday. Harvey, swirling for the past few days off Texas and Louisiana has dumped more than 49 inches (124.5 centimeters) of rain on the region. / AFP PHOTO / Brendan Smialowski (Photo credit should read BRENDAN SMIALOWSKI/AFP via Getty Images)