Coalition Of Concerned Citizens Against I-

670 V. DAMIAN 608 F.Supp. 110 (1984)

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Nature of the Case

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Facts

The highway at issue, in this case, was planned to originate in the northeast corner of downtown Columbus. As planned, the highway would run through an area of Columbus whose population ranged from 50 to 90% black. A group of individuals who would be affected by the proposed construction (P) sued to enjoin construction under Title VI of the Civil Rights Act of 1964, claiming, among other things, that the defendants, local, state, and federal officials responsible for highway projects (D), engaged in racial discrimination in locating the highway. In support of this contention, P argues alternatively that locating the highway where it has a disparate impact on minorities is discrimination per se; and that, assuming that D may build a highway where it will have a disparate impact on minorities, D had a duty to consider alternatives with a less discriminatory impact, and that they failed to do so in this case. The court rejects the argument that disparate impact amounts to discrimination per se.