Seattle, Portland, and New York Sue Trump Administration Over Labeling as ‘Anarchist Jurisdictions’
Police respond to protests over the death of George Floyd in Portland in August. Shutterstock
The cities said that labeling them “anarchist jurisdictions”—and threatening to withhold federal money— was an “arbitrary and capricious” decision that has no merit and violates the Constitution.
The cities of Seattle, Portland, and New York joined together Thursday in a lawsuit filed against the Trump Administration over the decision to label them “anarchist jurisdictions.” The lawsuit is the latest development in a months-long fight led by President Trump to try to withhold federal funding from the cities, all of which have Democratic mayors.
"President Trump's attempt to take money from great American cities like New York, Portland and Seattle is not only based on lies, it is unconstitutional," said New York Mayor Bill de Blasio. "While we have been laser-focused on responding to the Covid-19 pandemic, the President is using his budget office to play politics and distract from his own failures as Commander-in-Chief.”
The lawsuit challenges a memorandum issued by the White House in September, when, following months of protest after the police killing of George Floyd, the Trump Administration said that some large cities were "permitting anarchy, violence and destruction."
The memo mentions Seattle, Portland, New York, and Washington, D.C. as cities that have slid into anarchy and calls on the attorney general to review federal funding for places that “forbid the police force from intervening to restore order,” “disempower or defund police departments,” “unreasonably refuse to accept offers of law enforcement assistance from the federal government,” or “any other related factors the attorney general deems appropriate.”
Later in September, Attorney General Bill Barr said that New York, Seattle, and Portland “have refused to undertake reasonable measures to counteract criminal activities” and said that federal funding to these cities would be cut.
The lawsuit, filed in federal district court in Seattle, challenges the legality of these actions. The cities argue that the White House can’t unilaterally add conditions to congressionally appropriated funds without Congress’ approval. They also said that the list of conditions for defunding is “vague and subjective” and allows too much discretion to the attorney general.
The lawsuit says that “the funding threat could not come at a worse time, as the Covid-19 pandemic has ravaged municipal finances, draining reserves and forcing painful budget cuts.”
Seattle Mayor Jenny Durkan said on Thursday that Trump’s threats are “an abuse of federal power” when cities need assistance.
“Seattle and people across America need help fighting a pandemic that has claimed over 220,000 American lives, fixing an economic crisis that has left hundreds of thousands of Americans unemployed, and bringing America together during this civil rights reckoning,” Durkan said.
Earlier this month, the Federal Transit Administration announced $10 million in grants for transit agencies to study how to stop Covid spread on public transportation, but specifically included the language excluding New York, Seattle and Portland from participating.
The Trump Administration has also faced litigation in the past three years over attempts to withhold federal grants from “sanctuary cities” where local officials won’t cooperate with federal immigration enforcement officers. Three out of four federal appeals courts ruled in favor of the cities, and the Supreme Court declined to take up the issue.
Even more so than they did in the battle over sanctuary city funding, legal experts have questioned whether Trump’s attempt to withhold funding from “anarchist jurisdictions” has the legal merit to withstand a challenge.
In their lawsuit, the cities say that the anarchist labeling was “based on demonstrably false factual assertions” and ridiculed the president’s memo as “offensive to both the Constitution and common sense.”
The Justice Department did not respond to a request for comment.
Emma Coleman is the assistant editor for Route Fifty.
NEXT STORY: Russia and Iran Obtained Voter Information to Meddle in Election, Federal Government Says