Black farmers file new lawsuit against USDA

Jet, July 21, 2008 by Christina McGairk

More than 800 Black farmers recently filed a new lawsuit against the U.S. Department of Agriculture after Congress reopened a 1999 discrimination settlement.

The plaintiffs are taking advantage of a provision in the recently enacted farm bill that allows fresh claims from those who were denied damages after missing earlier deadlines.

The lawsuit, which was organized by the National Black Farmers Association, involves nearly 823 farmers from the South, mostly Alabama and Mississippi.

John Boyd, president of NBFA, expects 5,000 more to join the suit.

"This thing went on for far too long," said Boyd. "I never thought it would take eight years of lobbying to get relief for Black farmers," Boyd said.

Lawmakers had originally budgeted $100 million for damages endured by Black farmers, including denial of loans, disaster assistance and other aid that mainly Whites received.

But with over 70,000 possible claimants, it is forecasted the liability could exceed $3 billion.

At the time of the original settlement, only 22,500 Black farmers, mainly from southern regions, filed discrimination claims. Nearly two-thirds were awarded $981 million in damages.

An estimated 73,000 farmers were not part of the settlement because they missed the October 1999 deadline. The deadline was extended for a small amount of late claims, but repeated requests to reopen the settlement were denied.

Those who tiled late said their lawyers made mistakes or that they were not aware.

The recently enacted bill permits plaintiffs to seek expedited claims of $50,000 under a lower threshold of proof than a typical civil case. Plaintiffs also can seek larger damages in court.

Boyd told JET that the NBFA is sending late filers notices about the reopened settlement and hosting meetings in 42 states.

"A lot of these farmers are illiterate and don't understand how to proceed in this situation," said Boyd. "We want to make sure no one is taking advantage of or scamming the older Black farmers."

The USDA and the Justice Department declined to comment on the lawsuit.

--Christina McGairk with AP reports